Two Officers/Inaccurate Information

New York (upstate)

A few weeks ago I got a ticket for not signaling during a lane change.

I was approaching a stop light and quickly, but while using my directional, switched lanes to pass the stopped cars ahead of me as the light had just changed green. I had checked my mirrors and thought I had enough time to switch as there was another car approaching but I felt they were a safe distance away. Clearly I was wrong and the approaching car had to brake quickly and honk at me. This car proceeded to iradicaly tailgate me approximately 1/4 mile before putting on the lights in his unmarked police vehicle. He stepped out in regular clothing and approached me, asking if I knew why I had been pulled over...I answered yes sir, it appears I accidently cut you off and I apologize for that. He proceeded to take my license and registration and sit in his car for fifteen minutes while a uniformed Sheriff arrived. The plain clothed man then told me he was handing off the ticket to the new officer. He said I would be given a ticket for reckless driving. They spoke for about ten more minutes and then I waited for the ticket to be written. The uniformed Sheriff handed me a ticket for not using my directional and I was on my way.

After thinking about it I found it pretty ridiculous that I was given a ticket for something that had to be visually witnessed by an officer who was not at the scene when it occurred so I requested a Supporting Deposition.

I just received the Deposition in the mail which was not written by the uniformed officer that gave me the ticket. Instead it was written by the plain clothed "Capitain" that is now claiming I did not use a directional.

Can the Captain, who did not write the ticket, provide a deposition for a ticket he did not issue? Also, within the deposition I am referred to with the wrong name on two occasions. Does this make the deposition invalid?

Obviously I disagree with what the deposition said but my word probably won't hold up in court against a Capitain's. How can I get out of this ticket?What is the name of your state (only U.S. law)?

The deposition is of the officer who witnessed the incident. How would you propose the citing officer issue a deposition if he had no first hand knowledge? It in no way invalidates anything - its actually what the law requires. Similarly, the wrong name "issue" can be raised at your trial, but don't expect it to have much, if any, consequence. A good lawyer might be able to spin the mistake into a reflection of the general carelessness of the officer, but I wouldn't count on it on a turn signal case.

As for how you can "get out" of the ticket, you haven't really suggested any grounds upon which to do so. You can go to court and argue that you didn't do what the captain alleges you did, but I don't think that's going to work particularly well. (I will refrain from noting that if you are going to cut someone off, doing it to Joe Public and not a law enforcement officer is the best way of "getting out" of these tickets).

Anyway, just be absolutely sure, were you written up for a violation of VTL s.1163?

In New York traffic tickets can be written based on "information and belief". The issuing officer received the facts from another officer.

By the way, you got a break already. You should have been written for an unsafe lane change which is 3 points as opposed to 2 for a fail to signal.

I wouldn't expect to get much more of a break in court.