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Non-Receipt of Deposition in New York

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jkempa

Junior Member
What is the name of your state?What is the name of your state? New York

I received a speeding ticket in New York on November 5, for going 80 in a 65mph zone.

I pleaded not guilty on November 7 and requested a supporting deposition. According to the ticket, I am entitled to receive that within 30 days of the date I'm directed to respond to the court, which was November 15.

It is now December 12 and I have not received this deposition. However, I have received two letters from the court. The first with a court date, the second with a rescheduled court date (which was by the court's request). I have a return receipt with my not guilty plea too, so they clearly have received my request for the deposition.

Supposing I don't receive this deposition in the next 3 days, what should my next step be? Am I entitled to dismissal? How should I draft a letter for this?

Thank you for any help.

Regards
JK
 


efflandt

Senior Member
So did your attorney serve papers to the officer and schedule a depositon to question him? Seems like a lot of expense to go through for a minor speeding ticket (unless you racked up too many). Do you have any defense, or are you just grasping at straws hoping to find a technical loophole?
 

jkempa

Junior Member
efflandt said:
So did your attorney serve papers to the officer and schedule a depositon to question him? Seems like a lot of expense to go through for a minor speeding ticket (unless you racked up too many). Do you have any defense, or are you just grasping at straws hoping to find a technical loophole?
I don't have an attorney. There was a section on the ticket where you plead guilty/not guilty that allowed to request a deposition. I chose this.

Bottom line is that I am looking for some kind of loophole, and am hoping that I found it...The ticket clearly states that I'm entitled to this deposition, and I would use it to prepare my defense. So maybe loophole isn't the right term. I'm not a lawyer, but I believe discovery is a fundamental part of the judicial system.
 
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