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i have court on tuesday and im smackin them with this...this is a NYS law...i dont know how it is for other states...but im sure its similar...they CAN give you a supporting deposition at any time...but 99% of the time if you can show you requested one on the ticket (i have photo copies) and they failed to provide one (which makes them look bad)...they dismiss it...or you can just not speed...
EDIT: -- i just found out that a supporting deposition has to be issued no later than 24 hours before the trial...so in my case...it looks like the court is screwed...we'll see
Recent Amendment Imposes New Limits on Requests for Supporting Depositions
Defendants must request, in person or via mail, supporting depositions for traffic tickets within 30 days of the date on the appearance ticket - regardless of when they make their initial appearance before the court for arraignment. This change pursuant to a recent statutory amendment to CPL 100.25 requires that timely requests for supporting depositions be made "before an entry of a guilty plea and before commencement of a trial on the charge, but not later than 30 days after the date the defendant is directed to appear in court, as that date appears on the simplified information and appearance ticket" (L. 1996, c. 67). If the defendant's request is mailed to the court, it must be mailed within the thirty day period.
The statute, as amended,requires an appearance ticket, as defined in CPL 150.10 (1), "provided in conjunction with a simplified information, to include language notifying defendants of the 30 day limitation. If an appearance ticket fails to include the notification, a defendant may still make a timely request for a supporting deposition a) within thirty days of entry of a not guilty plea when the defendant has been arraigned in person, or b) within thirty days of written notice to the defendant of his or her right to receive a supporting deposition, when a plea of not guilty has been submitted by mail." See CPL 100.25 (2).
The stated purpose of this amendment was to curtail the effects of defendants appearing in court, well after the date of the original appearance ticket, entering a plea of not guilty, and then having thirty days to request a supporting deposition. Currently, the longer a defendant waits to appear, the greater the likelihood that the issuing officer will be unavailable to appear, or unable to provide a supporting deposition. If the officer is unable to provide a supporting deposition, the court must dismiss the charge for facial insufficiency.
[ October 14, 2004, 03:51 PM: Message edited by: 1DangerousV6 ]
EDIT: -- i just found out that a supporting deposition has to be issued no later than 24 hours before the trial...so in my case...it looks like the court is screwed...we'll see
Recent Amendment Imposes New Limits on Requests for Supporting Depositions
Defendants must request, in person or via mail, supporting depositions for traffic tickets within 30 days of the date on the appearance ticket - regardless of when they make their initial appearance before the court for arraignment. This change pursuant to a recent statutory amendment to CPL 100.25 requires that timely requests for supporting depositions be made "before an entry of a guilty plea and before commencement of a trial on the charge, but not later than 30 days after the date the defendant is directed to appear in court, as that date appears on the simplified information and appearance ticket" (L. 1996, c. 67). If the defendant's request is mailed to the court, it must be mailed within the thirty day period.
The statute, as amended,requires an appearance ticket, as defined in CPL 150.10 (1), "provided in conjunction with a simplified information, to include language notifying defendants of the 30 day limitation. If an appearance ticket fails to include the notification, a defendant may still make a timely request for a supporting deposition a) within thirty days of entry of a not guilty plea when the defendant has been arraigned in person, or b) within thirty days of written notice to the defendant of his or her right to receive a supporting deposition, when a plea of not guilty has been submitted by mail." See CPL 100.25 (2).
The stated purpose of this amendment was to curtail the effects of defendants appearing in court, well after the date of the original appearance ticket, entering a plea of not guilty, and then having thirty days to request a supporting deposition. Currently, the longer a defendant waits to appear, the greater the likelihood that the issuing officer will be unavailable to appear, or unable to provide a supporting deposition. If the officer is unable to provide a supporting deposition, the court must dismiss the charge for facial insufficiency.
[ October 14, 2004, 03:51 PM: Message edited by: 1DangerousV6 ]
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