Seatbelt Violation - Court Procedures?

[irishkevin]

What is the name of your state (only U.S. law)? New York

I am due in a local court tomorrow (Westchester County, NY) to answer charges for failure to wear my seatbelt. Immediately after receiving the ticket, I pleaded not-guilty and requested a supporting deposition from the office involved (submitted via USPS return receipt requested). I have not received the requested supporting deposition.

Do I need to do anything tomorrow other than request that the judge dismiss the charges on the grounds that I did not receive the requested supporting deposition?

Is there any paperwork I need to submit with the request? How should the request be phrased in court?

Is a dismissal of charges an absolute right in circumstances like these or does the judge have the right to overlook the request and simply move to determine guilt or innocence based on the merits of the case (my testimony versus the testimony of the officer)?

Many thanks.

 

[patstew]

How long ago did you make the request?

Did you receive the certified receipt? How long ago?

And do you really mean a deposition, or are you talking about discovery?

 

[irishkevin]

Supportin Deposition

The ticket provided for making a request for a supporting deposition and understand that it is either a country or state law. I requested a supporting deposition.

 

[You Are Guilty]

And do you really mean a deposition, or are you talking about discovery?

Initial discovery on NY moving violations is called "supporting deposition". It's rarely more than a few lines of the officer's notes (if that) surrounding the issuance of the ticket.

Do I need to do anything tomorrow other than request that the judge dismiss the charges on the grounds that I did not receive the requested supporting deposition?

Is there any paperwork I need to submit with the request? How should the request be phrased in court?

Its too late to file any paper motions, so you have to do it orally. You say something like "Your Honor, I requested the supporting dep on (date) and its now July 24 and I never received any response. Here is my proof of mailing the request (offer to hand up documentary proof). In light of the state's failure to abide by their discovery obligations, I request that this violation be dismissed."

One of three things then happens.
1) Judge dismisses ticket;
2) Judge says "Nice try, wiseguy. What is your actual defense?" or
3) Judge says, "Well, let's give the state some more time and we'll reschedule this hearing for another (30-60-90) days".

So figure you have a 33 1/3% shot of success.

Good luck.

 

[patstew]

The ticket provided for making a request for a supporting deposition and understand that it is either a country or state law. I requested a supporting deposition.

If this is in answer to my post, you didn't answer a single question.

Good thing YAG replied to you anyway.