Ok I have court tonight for a speeding ticket on main st. in clarence. Sheriff ticketed me for 58/45.
I’m just remembering that I checked the box requesting a supporting deposition, and I never got anything.
Now I googled around a bit, and found out that certain ticketing systems (tracs) put the deposition right on the ticket. I didn’t even notice it, but there was still a checkbox, yes or no, if I wanted a supporting deposition.
Should I even mention it to the da? Dumb ass that I am didn’t even make a copy of the ticket.
I believe if you request a supporting dep. you are supposed to receive it at least 5 days before your court date.
If you received nothing then ask (the judge) for the charges to be dismissed.
It worked for me but that was about 15 years ago things may have chenged since my last ticket.:biglaugh:
State Police are the ones who print the deposition out at the same time as the ticket. I really doubt the Sheriff has that ability.
You might get lucky and get it dismissed, or the judge might just reschedule you. I’m not sure where the law falls on that one but subbed to see if someone knows. And by “knows” I want a link to actual case law in NYS, not law and order couch potato legal advice.
I’ll pay parking tickets, I just would rather avoid the school, I’m busy enough as it is.
But of course I’d love to have it thrown out if this supporting deposition is something the officer failed to provide on time.
On the letter with my court date is does say “all officers presence is required”. I wonder if that’s just standard or if that’s because I checked the supporting deposition box.
State Police are the ones who print the deposition out at the same time as the ticket. I really doubt the Sheriff has that ability.
You might get lucky and get it dismissed, or the judge might just reschedule you. I’m not sure where the law falls on that one but subbed to see if someone knows. And by “knows” I want a link to actual case law in NYS, not law and order couch potato legal advice.
[/quote]
Monroe County Sheriff has the ability to put the supporting deposition on the ticket, and this was like 3 years ago, I am sure that erie county/around buffalo has the ability to by now
sometimes they will have the deposition at the courthouse… when you sign in… ive never actually had one sent to my home… they are always at court when i get there
That has nothing to do with a supporting deposition. The point of a supporting deposition is so you can see exactly what the cop is going to testify to before you get to court. Then you prepare for court by taking that testimony and trying to poke holes in it.
By not supplying you with it as requested they certainly can’t expect you to present your case. They only part I’m not sure about is if they will simply reschedule and call this a minor paperwork error, or dismiss the case because the people failed to play by the rules.
EDIT: You posted about the mile long ticket while I was typing that.
Then yes, that is your supporting deposition. The check box is there because it’s a leftover on a standard form from the days when they didn’t print them out on the spot. No dismissal for you, better hope for a reduction.
No, you fuck up your option to plea if you go through the process, get to the judge, and say “not guilty” to the charges. At that point it is no turning back and a court date will be set.
Pissed though, as I’m waiting to pay the clerk with my paperwork in hand, I look though it, there’s my ticket, no supporting deposition included, and a letter to the sheriff’s office saying they have 30 days and up to 5 days before my court date to provide the supporting deposition, which they didn’t provide. I could have gotten it dismissed completely if I’d have mentioned it.
Moral of the story is to make a damn copy of the ticket.
