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LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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: 6 years ago.
Category: Legal
Expert:  LegalKnowledge replied 6 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 6 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 6 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 6 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 6 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 6 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 6 years ago.
Yes, as long as it is titled " Motion to Dismiss" and lays out the proper basis
Customer: replied 6 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 6 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.
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