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didn't receive supporting disposition

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P

petec

Junior Member
I was issued 3 tickets from Town of Poughkeepsie (NY) officers back in April. Tickes were for unsafe passing, no front plate, and failing to use a turn signal.

Anywho . . . I pleaded not guilty and mailed the tickets about 10 days later. I received a letter from the court advising they accepted my plea and directing the officers "to serve a supporting deposition to the defendant on or before 5/31/06. Failure to comply with the above may result in dismissal of the charge(s) if a motion is properly submitted"

When that date had passed I wrote a letter advising the court and asking for the charges to be dismissed. They responded telling me I had to "prepare a motion to dismiss and serve the officer with said motion . . ."

What is required in a "motion to dismiss" for failing to provide a supporting deposition?

TIA,

Pete C

I love my country, but fear my government.
 


Y

You Are Guilty

Senior Member
petec said:
I was issued 3 tickets from Town of Poughkeepsie (NY) officers back in April. Tickes were for unsafe passing, no front plate, and failing to use a turn signal.

Anywho . . . I pleaded not guilty and mailed the tickets about 10 days later. I received a letter from the court advising they accepted my plea and directing the officers "to serve a supporting deposition to the defendant on or before 5/31/06. Failure to comply with the above may result in dismissal of the charge(s) if a motion is properly submitted"

When that date had passed I wrote a letter advising the court and asking for the charges to be dismissed. They responded telling me I had to "prepare a motion to dismiss and serve the officer with said motion . . ."

What is required in a "motion to dismiss" for failing to provide a supporting deposition?

TIA,

Pete C

I love my country, but fear my government.
Click to expand...
Are you asking us to write it for you? I mean, the court's response seems fairly clear to me? Just note that they were ordered to do something (attach the order as an exhibit) and that they failed to comply with the order. Make sure it's notarized and serve as directed. You'll also need a Notice of Motion, a sample of which is easily obtained from the internet. Then, wait a few days for their opposition, then you get to submit a reply brief no later than 1 day before the return date. After that, it's in the court's hands.
 
J

JETX

Senior Member
petec said:
What is required in a "motion to dismiss" for failing to provide a supporting deposition?
Click to expand...
Courts aren't like high school where you just send a letter to the principal (judge) and hope that it works. You have to submit a FORMAL legal motion to the court.
Depending on your 'legal skills' that is something you might do on your own (go to your local law library and research) or hire a local attorney to draft one for you.
 
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