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  #26  
Old May 20th 05, 02:39 AM
Arif Khokar
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Harry K wrote:
> Arif Khokar wrote:


>>It depends on jurisdiction. What Alex is saying is true in places
>>where speeding is classified as a misdemeanor.
>>
>>IANAL, but I find it hard to believe that hearsay evidence would be
>>allowed at a civil trial though.


> Yeah, I recalled that as soon as I sent it, Texas to be specific.


WV as well.

> Still comes down that the lead drivers testimony, hearsay, rumor,
> whatever isn't even needed.


Unless the lead driver testifies under oath, or provides a sworn written
statement to that effect, then it's hearsay (AFAIK). One cannot just
testify under oath that someone else said something about the case.

> The cops observation of maintaining the
> same or approximate distance plus radar on the lead will, in all
> likelyhood, be accepted by the judge.


As long as the cop doesn't testify as to what the lead driver says. If
it's based on the cop's observation, then it can be used in court, but
it can be easily challenged.
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