Tag: facial insufficiency

New York VTL charges need to have some sort of factual basis. Officers who issue traffic tickets, whether it be a Suffolk County Traffic Ticket or a New York City Traffic Ticket, need to state the source of the observation which provides reasonable cause for the stop and the issuance of the Traffic Ticket. Indeed, this case holds that “where the charge is based on the Officer’s information and belief, rather than based on his personal observations, the supporting deposition must contain a statement of the source of that information and belief if it is to be sufficient on its face.” Pp. 3-4 (citations omitted). While police officers may issue such tickets often, hiring a good criminal defense attorney to challenge these traffic tickets makes all the difference:

Section 100.25(2) of the CPL entitles a defendant charged with a traffic offense to receive a supporting deposition of the police officer containing allegations of fact providing reasonable cause to believe that the defendant committed the offense charged:

“A defendant charged by a simplified information is, upon a timely request, entitled as a matter of right to have filed with the court and served upon him, or if he is represented by an attorney, upon his attorney, a supporting deposition of the complainant police officer or public servant, containing allegations of fact, based either upon personal knowledge or upon information and belief, providing reasonable cause to believe that the defendant committed the offense or offenses charged.” CPL §100.25(2).

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