NY Traffic Tickets Dismissed
In People v. AHMADZAI, 2020 N.Y. Slip Op 51191 (Vill. Just. Ct. 2020), the Defendant (through her criminal defense attorney) requested a supporting deposition and the failure of the People to provide such a document in response to the traffic tickets issued to the Defendant required dismissal under the New York Criminal Procedure Law or the CPL.
The request for a supporting deposition is one that New York Traffic Attorneys often employ to understand the charges. If the police/prosecutor do not response to the NY Traffic Attorney's Request for a supporting deposition, the simplified information can be dismissed, as seen below.
New York Criminal Defense attorneys, whether a Long Island Criminal Defense attorney or one upstate, perhaps a New York City Criminal Defense attorney, can assist one in filing discovery demands, preservation notices, and, as seen below, the demand for a supporting deposition. The Court notes
CPL § 100.25 (2) provides that
"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."
CPL § 100.20 sets out the required form and content of a supporting deposition. That section states as follows:
"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."
The charges of speed not reasonable and prudent, (VTL § 1180 [a]), improper/no signal (VTL § 1163 [d]), moved from lane unsafely, (VTL § 1128 [a]), and unregistered motor vehicle (VTL § 401  [a]) are dismissed based on the failure of the defendant to be provided with a supporting deposition within thirty days pursuant to CPL § 100.25 (2).
While the Court dismisses driving while ability impaired by drugs for other reasons, it is important to note that the common law driving while intoxicated charge survives and thus the Defendant is still facing a serious criminal charge.
The case is People v. AHMADZAI, 2020 N.Y. Slip Op 51191 (Vill. Just. Ct. 2020) and the criminal defense attorney did an excellent job in narrowing the issues for a trial.
Need a criminal defense attorney? Traffic Stop? Accident, Injury, Addiction and Criminal Defense; New York and Florida: Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954) 998-2918 (FLA)