If you received a second page attached to your uniform traffic ticket, it is likely a Supporting Deposition / CPL 710.30 Notice. This second page combines the Supporting Deposition, at the top of the page, with an NYS Criminal Procedure Law 710.30 notice, at the bottom of the page.
The NYS CPL 710.30 notice makes you aware of any statement that the People intend to use against you. If you made any statements to the officer that they intend to use against you when prosecuting your case, those statements will be provided at the bottom of the supporting deposition.
1. What is a Supporting Deposition Used For?
A supporting deposition is a statement, prepared by the police officer issuing you the ticket, which sets forth facts that support the reasonable cause (the legality) of the stop.
It is used by police officers to articulate pertinent information that supports their contention that there was reasonable cause to stop your vehicle for an offense.
2. What if I Admit to Something?
In a routine vehicle and traffic stop, where the officer engages the driver in conversation, Miranda warnings are not required. Therefore, statements you make can be used not only to refresh the police officer's recollection of the event but also as admissions of guilt by you, without the benefit of a hearing to determine whether the statements were properly obtained.
This Does Not Mean You Will Lose:
However, it is important to note that this does not necessarily foreclose your ability to negotiate a reduction of your ticket to minimize the impact the ticket has on your license and pocketbook. This is why it is critically important to consider hiring experienced counsel who knows how to contend with a supporting deposition containing admissions adverse to these efforts.
3. What if the Information is Not Accurate or Incomplete?
Police officers may incorrectly transcribe what you said to them with respect to how fast you were traveling if you were speeding at all, pedigree information, or some other relevant detail.
It is important to note that it is rare to get a ticket dismissed because of an inaccurate transcription of what was said. The inaccuracy can, however, be used to attack the credibility of an officer's testimony at trial, should there be one. Most often, in trial settings, supporting depositions are used to assist an officer in refreshing his recollection of the event.
4. Are There any Technicalities that Might Help Me?
There are rules under the New York Criminal Procedure Law regarding how courts, and the police, must deal with a defendant’s request for a supporting deposition. Failure to abide by these rules can cause the case to be dismissed in the defendant’s favor. Failure to provide a copy of the supporting deposition within the statutory time period can provide your attorney a possible avenue to have your ticket completely dismissed. We look for these opportunities for our clients. That is why it is imperative to have an experienced attorney advocating for you.
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