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We at the Law Offices of Zev Goldstein have often expressed in posts prior to this one that if you believe that you believe that you have been unfairly ticketed for a traffic violation you should not pay the ticket, because it would be tantamount to pleading guilty. There are several reasons why the ticket may be invalid that you may not know about but we do.

Take, for example, the deposition supporting the ticket. They are not always needed, but if you are charged with a traffic violation outside of New York City, Rochester or Buffalo they may be required if you check the box on the ticket indicating that you are requesting one or if you request one within 30 days after the issuance of the ticket. 

Supporting depositions are subject to specific legal requirements. The failure of law enforcement to observe these requirements -- such as its failure to specify all of the elements of the alleged violation, or the failure to provide it within 30 days after the request for it, or a police officer making a conclusion of law in the deposition, among others -- can open up the possibility of challenging the violation through the use of a pretrial motion.

Note, though, that pretrial motions are themselves subject to specific legal requirements in order to be valid, and an improperly drafted motion will be ineffective in taking advantage of a legal lapse on the part of law enforcement. it is therefore important if you are in a New York jurisdiction that requires the use of a supporting deposition to have experienced traffic attorney counsel on your side to not only identify any failings in the deposition itself but to also effectively take advantage of those failings to have the ticket dismissed.

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