Otego, NY asked in Traffic Tickets for New York

Q: I can't find any provision or instructions for filing Discovery Motions for traffic violations (VTL 1128, VTL 1180) Why?

Would I be correct is saying that if I request discovery from the Prosecutor/State Police Officer and they do not provide me with what I ask, they subsequently would not be allowed to present the previously requested evidence in court?

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2 Lawyer Answers
Victor M. Feraru
Victor M. Feraru
Answered
  • Traffic Tickets Lawyer
  • Mineola, NY
  • Licensed in New York

A: I think you mean if you request a supporting deposition. Sometimes it's already on the ticket. You're well advised to have an attorney handle this matter for you. I know it may seem funny coming from an attorney. However, very often those prosecuting traffic tickets will negotiate with attorneys. Generally, if the law enforcement officer does not prepare a supporting deposition by the time you appear for the pre-trial conference, this is a could be grounds for dismissing a traffic violation.

Zev Goldstein
Zev Goldstein
Answered
  • Traffic Tickets Lawyer
  • Monsey, NY
  • Licensed in New York

A: See NY Criminal Procedure Law Article 245. https://www.nysenate.gov/legislation/laws/CPL/A245

specifically

"Notwithstanding the timelines contained in the opening paragraph of this paragraph, the prosecutor's discovery obligation under subdivision one of section 245.20 of this article shall be performed as soon as practicable, but not later than fifteen days before the trial of a simplified information charging a traffic infraction under the vehicle and traffic law, or by an information charging one or more petty offenses as defined by the municipal code of a village, town, city, or county, that do not carry a statutorily authorized sentence of imprisonment, and where the defendant stands charged before the court with no crime or offense, provided however that nothing in this subparagraph shall prevent a defendant from filing a motion for disclosure of such items and information under subdivision one of such section 245.20 of this article at an earlier date" 245.10(1)(a)(iii)

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