Legal Question in Traffic Law in New York

Question on CPL 100.40, 100.25 regarding insufficient Supporting Deposition alle

What can I do when my Supporting Deposition doesn�t say I did anything wrong?

I received a ticket in WNY for 1111 D 1 Red Light. The Officer said he faced south and his light was red. He said because of the timing between light changes, mine (EAST) must have turned red before I passed through. My light turned yellow as I entered the intersection, but I passed completely through well before any red. I thought he was mistaken so I requested trial and a supporting deposition.

The Deposition states I passed through traveling east while signal was full red in south direction. It�s the same info I stated; nothing on it says I went through a red light facing me (east). The allegations only mention the light displaying red to the officer.

The factual part of the deposition doesn�t seem to support the ticket.

1. Under CPL 100.40, isn�t this insufficient on its face per 100.25 2. , the deposition must contain allegations of fact providing reasonable cause? I don�t understand how the deposition can support the ticket if it doesn�t allege I went through a light displaying red in my direction

2. Can I bring this up at trial and get the case dismissed? Or

3. Do I need an attorney�s help to file a pre-trial motion? (sec 170?)


Asked on 4/13/05, 11:06 am

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: Question on CPL 100.40, 100.25 regarding insufficient Supporting Deposition

You will have to appear for trial ,at which point the officer may amend the supporting deposition. Appearing with counsel will be of value during the cross-examination of the officer hopefully destroying his/her credability. If you wish to discuss this further you may call my office for a free phone consultation @718-834-0087.

Read more
Answered on 4/13/05, 5:14 pm


Related Questions & Answers

More Traffic Law questions and answers in New York