Supporting Deposition question

[crasheed23]

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

I am scheduled to appear at trial tomorrow for a seatbelt ticket and a suspended registration ticket. The suspended registration was due to miscommunication between my insurance company and the DMV. The DMV was never informed of my changing of insurance and therefore, had a lapse of coverage on file. This I was informed by the ticketing officer should be straightened out with proof of continuing coverage to the court, which I have.

My concern is that when I was pulled over, the officer who ticketed me was not the officer that witnessed me without my seatbelt. There was a spotter about a half mile away from a checkpoint who was calling out several violations to other officers to investigate down the road. Because of this, I did plea not guilty and requested a supporting deposition, which in this town is required to arrive to the defendant no later than 5 days within the trial date. I have yet to receive this document and was told by the clerk to "bring it up in court" any advice?

 

[You Are Guilty]

Raise it with the judge, but as a non-moving violation (NYS DMV - Driver License, Learner Permit and Non-Driver Photo ID Card), I don't think you're entitled to a supporting deposition. Doesn't hurt to ask though.

 

[I_Got_Banned]

Even if you supporting deposition idea doesn't work, aren't both officers supposed to show up in court? will they?

 

[You Are Guilty]

Even if you supporting deposition idea doesn't work, aren't both officers supposed to show up in court? will they?

That's the point. In several counties in NY, officers do not appear in court for non-moving violations. If that's the case here, then not only is there no requirement to produce a supporting dep, then neither officer needs to show. On the other hand, if it's classified as a moving violation, then both officers need to show. If only the ticket writing cop does, assuming the judge lets him speak, formally object to him saying anything about the incident as it is inadmissible hearsay. (If you get overruled and the judge lets the officer talk, just make sure the judge notes your objection for the record so you preserve your grounds for an appeal. Don't be a jackass about it.)

Good luck.

 

[crasheed23]

Charges dropped without prejudice...so they have a year to re-file charges if they choose. But the DA doubted they would waste time on that...Thanks for the help guys.