| Here are links to the Rockland
County Traffic and Criminal Local Town and Village Courts we
cover:
here are the basics regarding Supporting Deposition
Law in New York.
1) You have no right to request a supporting deposition for tickets
returnable in the dreaded TVB - Traffic Violations Bureau hearing
offices, which handle cases in the Bronx, Manhattan, Brooklyn, Staten
Island, Queens, Suffolk County, Buffalo, and Rochester.
2) If you receive the ticket outside one of the jurisdictions listed
above, the first question is: is the ticket a hand-written ticket or an
electronic ticket? If it is a hand written ticket, then you will be
able to request the deposition.
3) However, if it is an electronic ticket, then the officer may have
already printed out the supporting deposition at the time of the
traffic stop. In which case you could no longer request it, because you
have it already. If you are given multiple electronic tickets, check to
see if there was a deposition provided for each ticket, because often,
the officer only bothers to give you the deposition for the speeding
ticket but not, for example, for the unsafe lane change ticket, or
whatever other tickets he gave besides the speeding ticket.
Timing is everything. If you have a right to request the deposition,
your request must be timely made, namely, you have to mail you request
within 30 days of the initial “return date” printed on the ticket. Pay
attention, because many clerks err and believe that you may only
request the deposition within 30 days of when you receive the ticket.
But that is incorrect. For example, if you received the ticket April 1,
2010 and the initial court date is June 1, 2010, then you would have to
request the deposition within 30 calendar days of June 1.
Once the court receives your request, then the officer has 30 days to
file with the court the deposition along with proof of mailing of the
deposition to you. Note, all the officer has to do is mail the
deposition to you within 30 days of the request, even if you actually
receive it, let’s day 35 days after your request.
How to get a ticket dismissed for no supporting deposition: Many courts
allow an oral motion, meaning that you show up to court and request a
dismissal for no supporting deposition.
However, technically a motion to dismiss for no supporting deposition
would probably have to be made within 45 days of the return date we
referred to above. In reality, however, most courts do not strictly
apply that rule and will entertain a motion to dismiss even if the
motion is made much later. When in doubt, it is better to make a timely
motion, in writing, by mailing a formal request for dismissal for no
deposition to the court and a copy thereof to the prosecutor with
affirmation that you mailed such proof. For further information,
contact Mr. Wolfberg, Esq at www.NotSpeeding.com.
(see the law below)
4) the relevant law on this topic from the New York Criminal Procedure
is the following: § 100.20 Supporting deposition; definition, form and
content. A supporting deposition is a written instrument accompanying
or filed in connection with an information, a simplified information, a
misdemeanor complaint or a felony complaint, subscribed and verified by
a person other than the complainant of such accusatory instrument, and
containing factual allegations of an evidentiary character, based
either upon personal knowledge or upon information and belief, which
supplement those of the accusatory instrument and support or tend to
support the charge or charges contained therein.
§ 100.25 Simplified information; form and content; defendant's right to
supporting deposition; notice requirement.
1. A simplified information must be substantially in the form
prescribed by the commissioner of motor vehicles, the commissioner of
parks and recreation, or the commissioner of environmental conservation,
as the case may be.
2. A defendant charged by a simplified information is, upon a timely
request, entitled as a matter of right to have filed with the court and
served upon him, or if he is represented by an attorney, upon his
attorney, a supporting deposition of the complainant police officer or
public servant, containing allegations of fact, based either upon
personal knowledge or upon information and belief, providing reasonable
cause to believe that the defendant committed the offense or offenses
charged. To be timely, such a request must, except as otherwise provided
herein and in subdivision three of this section, be made before entry of
a plea of guilty to the charge specified and before commencement of a
trial thereon, but not later than thirty days after the date the
defendant is directed to appear in court as such date appears upon the
simplified information and upon the appearance ticket issued pursuant
thereto. If the defendant's request is mailed to the court, the request
must be mailed within such thirty day period. Upon such a request, the
court must order the complainant police officer or public servant to
serve a copy of such supporting deposition upon the defendant or his
attorney, within thirty days of the date such request is received by the
court, or at least five days before trial, whichever is earlier, and to
file such supporting deposition with the court together with proof of
service thereof. Notwithstanding any provision to the contrary, where a
defendant is issued an appearance ticket in conjunction with the offense
charged in the simplified information and the appearance ticket fails to
conform with the requirements of subdivision two of section 150.10, a
request is timely when made not later than thirty days after (a) entry
of the defendant's plea of not guilty when he or she has been arraigned
in person, or (b) written notice to the defendant of his or her right to
receive a supporting deposition when a plea of not guilty has been
submitted by mail.
3. When at least one of the offenses charged in a simplified
information is a misdemeanor, the court may, upon motion of the
defendant, for good cause shown and consistent with the interest of
justice, permit the defendant to request a supporting deposition beyond
the thirty day request period set forth in subdivision two of this
section provided, however, that no motion may be brought under this
subdivision after ninety days has elapsed from the date the defendant is
directed to appear in court as such date appears upon the simplified
information and upon the appearance ticket issued pursuant thereto.
4. Notwithstanding any provision of law to the contrary, where a
person is charged by a simplified information and is served with an
appearance ticket as defined in section 150.10, such appearance ticket
shall contain the following language: "NOTICE: YOU ARE ENTITLED TO
RECEIVE A SUPPORTING DEPOSITION FURTHER EXPLAINING THE CHARGES PROVIDED
YOU REQUEST SUCH SUPPORTING DEPOSITION WITHIN THIRTY DAYS FROM THE DATE
YOU ARE DIRECTED TO APPEAR IN COURT AS SET FORTH ON THIS APPEARANCE
TICKET. DO YOU REQUEST A SUPPORTING DEPOSITION?
[ ] YES
[ ] NO"
§ 100.30 Information, misdemeanor complaint, felony complaint,
supporting deposition and proof of service of supporting
deposition; verification.
1. An information, a misdemeanor complaint, a felony complaint, a
supporting deposition, and proof of service of a supporting deposition
may be verified in any of the following manners:
(a) Such instrument may be sworn to before the court with which it is
filed.
(b) Such instrument may be sworn to before a desk officer in charge at
a police station or police headquarters or any of his superior officers.
(c) Where such instrument is filed by any public servant following the
issuance and service of an appearance ticket, and where by express
provision of law another designated public servant is authorized to
administer the oath with respect to such instrument, it may be sworn to
before such public servant.
(d) Such instrument may bear a form notice that false statements made
therein are punishable as a class A misdemeanor pursuant to section
210.45 of the penal law, and such form notice together with the
subscription of the deponent constitute a verification of the
instrument.
(e) Such instrument may be sworn to before a notary public.
2. An instrument specified in subdivision one may be verified in any
manner prescribed therein unless in a particular case the court
expressly directs verification in a particular manner prescribed in said
subdivision one.
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