How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalKnowledge Your Own Question

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15906
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

How do I file a Motion to dismiss in NY as I have a traffic

Resolved Question:

How do I file a Motion to dismiss in NY as I have a traffic ticket and I requested a supporting deposition and recieved none?
Submitted: 3 years ago.
Category: Legal
Expert:  LegalKnowledge replied 3 years ago.
You would need to file a motion to dismiss with the court and in the motion, lay out the facts of your case, process you took and the application of the law. Read the trial notice and see what statute it cites to and reference that in the motion. Once filed, you will need to set the matter for hearing, so you could contact the judicial assistant of the Judge who the case is assigned to, to see the procedure.
Customer: replied 3 years ago.
There is no statute cited on the trial notice, and it states I need to "properly" file this motion. I do not know "what" documentation to file if there is a spacific form, and if it is acceptable to file by overnight mail as I am located in FL , and the ticket was issued in NY where I am at this time to appear for a hearing on Feb 10 2011
Expert:  LegalKnowledge replied 3 years ago.

You can file it by over night mail. The original needs to be filed with the court and you can attach a self addressed stamped envelope for a copy to be returned to you. If you are contesting the matter, you will need to appear or obtain representation. You are not going to be able to fight this via the mail.

Customer: replied 3 years ago.

I have not been able to find such "form". I did find one online I purchased that says "Family" court afterward, and is not directed for traffic tickets. Do I need a spacific form? where can I get it if so? I have not so far been able to locate.

Expert:  LegalKnowledge replied 3 years ago.
You can contact the clerk of courts in the county where the ticket was issued and ask about this "form". The court is closed tomorrow, so Tuesday, you should be able to find out. If not, then it is a motion to dismiss that needs to be filed like any other legal document.
Customer: replied 3 years ago.
So, as long as they dont have a "spacific" motion to dismiss form, I should be able to use any general submission document?
Expert:  LegalKnowledge replied 3 years ago.
Yes, as long as it is titled " Motion to Dismiss" and lays out the proper basis
Customer: replied 3 years ago.
Thank you for your help, I will accept your answer either way, but could you tell me what the "proper basis" is that needs to be layed out?
Expert:  LegalKnowledge replied 3 years ago.
The basis of which you are requesting the dismissal. In this case, if you feel it is as a result of them not providing the supporting deposition or any other legal reason.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15906
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 20 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.