Tickets Get Dismissed in Middletown After Trooper Fails to Identify Defendant

Defendant Alexandra was charged with a six-point speeding (VTL § 1180-d) ticket and a three-point ticket for Failure to Keep Right (VTL § 1120-a) ticket. The combination would have resulted in nine points on their license and fines + driver assessment fees of over $1000. The tickets were made answerable to the Middletown Town Court in Delaware County, New York. The case was prosecuted by David Rikard of the Delaware County District Attorney’s Office. The assigned justice was Hon. John R. Fairbairn III. Plea negotiations did not result in a disposition that was agreed upon by both parties and the case proceeded to trial. Trooper Siobhan Carey appeared and was the only witness for the People. The testimony was otherwise uneventful, except for one major oversight. The trooper failed to identify the Defendant in any way. Although the Defendant did not appear in person, the Trooper still had to testify how she identified the named Defendant and failed to do as much. The attorney from the Benjamin Goldman Law Office asked the Court to dismiss and the court granted the motion.