New York Traffic Tickets and Supporting Depositions

If you want to beat or fight your New York traffic ticket case (or any criminal case for that matter), the first thing you want to do is take a close look at the paperwork.  In a traffic case, the paperwork generally consists of two documents, a Uniform Traffic Ticket or "UTT", (also called a Simplified Information) and a Supporting Deposition. Together, the UTT and Supporting Deposition form the Accusatory Instrument. Those two documents become married and if there is ground for a divorce, those documents become useless and the case is done.

I will use a story from a case I got yesterday to explain why Supporting Depositions and UTTs (the tickets), sometimes do not get along and why it matters.

A NYC number came up on my iphone as I was enjoying a lovely afternoon on my deck with my wife yesterday, a warm sunny Saturday here in Ballston Spa. Seeing as how I have a family to support I figured I should take the call. The client told me two things right off the bat. He was innocent and he has a Class A CDL (Commercial Driver License). Because a CDL is a valuable asset to protect he was very concerned about his driving record as he should be. He was ticketed for "failing to keep right" in violation of New York Vehicle and Traffic Law Section 1120(a). The client was difficult to understand because he had a very strong French accent, but I thought I understood him well enough to advise him about his case and he hired me. He faxed me his paperwork. (A UTT and a Supporting Deposition)  I ran his record and the record wasn't very good. (That's a bummer in traffic cases because it means that getting a plea bargain will be difficult and I might have to try the case. And even though I love me a traffic ticket trial, it means much more work and no extra money unless my client is cool and understands. I charge a flat fee for traffic cases and if I have to try them, I don't charge for it.)

So my client is charged with "failing to keep right". If you read the statute, it basically says a driver shall always drive on the right side of the road with some exceptions. His UTT indicates he is charged with violating this law. The Supporting Deposition alleges he was involved in a motor vehicle accident. It doesn't say anything about observing my client, the driver, failing to keep his car on the right side of the road. Remember how I said the Supporting Deposition and UTT have to relate to each other? In this case they don't. The UTT says "failed to keep right" and the spouse says "involved in an accident". These two are not getting along. They do not agree. If the documents do not agree with each other, a lawyer can make a Motion to Dismiss and hopefully the judge will grant the motion.

The police do not always give a Supporting Deposition to you when they write your ticket. They don't have to give you one unless you ask for it. Most New York State Troopers and some municipal police give you a Supporting Deposition for any speeding case where radar is used, or a visual estimate was made. But for many other Vehicle and Traffic Law violations, they don't give you one. If you didn't get one, you should talk to a traffic lawyer before you ask for it. Sometimes there may be a good reason not to get one.

Do not attempt to try to use whatever you think you may have learned here in court. Talk to a NY traffic lawyer first. I'm not always right and you will may make matters worse if you try to represent yourself in court.