Where the charge is a misdemeanor such as DWI or reckless driving the driver may request a deposition beyond the 30 day period up to 90 days with permission of the court.Īlways plea NOT GUILTY to a traffic ticket. The request a supporting deposition must be made within 30 days of the court appearance noted on the ticket. In some cases a driver will receive a supporting deposition from the police with the traffic ticket, usually issued by the State Police, but in most instances the police officer will only provide a traffic ticket without a supporting deposition. Time to request a Supporting Deposition from the Police A supporting deposition that contains boxes checked off by the police officer is sufficient.Ĥ. The ticket and supporting deposition together must provide probable cause to believe that the traffic offense in questions was committed. The statute provides that the allegations may be made upon personal knowledge or upon information and belief providing reasonable cause to believe that the driver committed the offense charged. The supporting deposition must be completed by the police officer and must allege all of the elements of the offense. The supporting deposition is a document that explains the charge in greater detail. the recipient is entitled as a matter of right, upon a timely request, to a supporting deposition. Because the traffic ticket is the local court accusatory instrument that provides the least amount of information. The sufficiency of a simplified traffic information is governed by the criminal procedure law. The ticket is also known as a Simplified Traffic Information. The front of the ticket outlines the charge while the back has instructions regarding how to respond. A State Trooper may provide you with a full page ticket (white in color) but usually its the front and the back of the “yellow” ticket on one page. The Ticket is usually a half page document, yellow in color, that a police officer would hand you on the side of the road. The Ticket (Simplified Traffic Information) The traffic ticket is the basis for a prosecution and it the starting point for the defense to the charge.ġ. Tickets can be written for moving violations such as speeding, non-moving violations, equipment violations even DWI and DWAI Drugs. In New York State traffic tickets are written for any crime or violation under the New York State Vehicle and Traffic Law (VTL). Usually there are several defenses to a traffic ticket and as any good criminal defense attorney will tell you it all starts with the traffic ticket itself. A common mistake is to look at a traffic ticket in New York and think, all is lost, there can be no possible defense.
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