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Motion for dismissal

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kayaker50

Junior Member
I am in New York and got a traffic ticket. I submitted a not guilty plea in less than 48 hours of the ticket, requesting a supporting deposition, through certified mail and return receipt requested. I got a new court date so I know they got my submission. It has been more than 30 days and I have not received a supporting deposition.

What information do I need to put in the motion for dismissal to get rid of the ticket? I would like to mail it to the court to try and get it dismissed prior to my new court date (which is in 2 weeks).What is the name of your state (only U.S. law)?
 


HighwayMan

Super Secret Senior Member
What do you mean a "new" court date?

According to the CPL a motion to dismiss for lack of a supporting dep must be made to the court in writing at least 5 days prior to trial.

And yes, you have to show up - it's a trial.
 

kayaker50

Junior Member
They put a court date on the ticket, I plead not guilty and they mailed me a new date.
1. What do I need to put in the motion for dismissal?
2. If they are not going to dismiss the case prior to the trial, what do I need to do at the trial?
 
A motion to dismiss will be heard in open court. File a motion to dismiss & a supporting memorandum of law that lists the legal reasons why it should be dismissed.

You may be able to ask for a court date before you current date but in most cases its heard right before your trial.

File the motion & memo with the clerk & copy the opposing party & include a certificate of service with all copies.
 

HighwayMan

Super Secret Senior Member
That's probably overly complicated.

You need to make your request for dismissal in writing to the court at least 5 days prior to trial. Many judges don't even know this and will accept your motion in person on the day of the trial but I wouldn't chance it.

I don't have the section of the CPL off the top of my head. If I remember I will check it tomorrow for you and let you know.

You don't need to serve anyone else - just submit the written request to the clerk of the court. Either deliver it in person or mail it return receipt. And keep a copy of everything for yourself.

If you don't hear from me in a day or two re-post here to remind me.
 

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