Pros and Cons of Requesting a Supporting Deposition on Traffic Matters
Here is a typical scenario: a motorist receives a speeding ticket issued by a local police officer while driving through a suburban town in New York. The ticket is for violating VTL 1180D (driving 45 mph in a 30 mph zone). After receiving the ticket, you will look at the back of the ticket and see a box that says you have the option of demanding a supporting deposition. Well what are your options?
Let’s jump right in. There are two main schools of thoughts from attorneys handling traffic matters on whether or not a supporting deposition should be requested. Some attorneys request a supporting deposition on every applicable case. Meanwhile other attorneys will not request the deposition under any circumstances.
There is an old saying, “sometimes you get more with sugar than you do with salt.” Some officers and prosecutors will be more lenient on a motorist if a supporting deposition is not requested. In the end the officer or prosecutor may tender a more amendable offer simple because the opposition is rationale and can skillfully negotiate.