If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#21
|
|||
|
|||
|
Ads |
#23
|
|||
|
|||
Harry K wrote:
> Alex Rodriguez wrote: >>Unless the first driver goes to court to testify in person, then >>there is no corroboration. If the cop brings that up, you should >>very quickly object as that testimony is hearsay. > Fat chance. This is not a -trial- that is occurring. Object and hear > the judge laugh. 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. |
#24
|
|||
|
|||
Arif Khokar wrote: > Harry K wrote: > > > Alex Rodriguez wrote: > > >>Unless the first driver goes to court to testify in person, then > >>there is no corroboration. If the cop brings that up, you should > >>very quickly object as that testimony is hearsay. > > > Fat chance. This is not a -trial- that is occurring. Object and hear > > the judge laugh. > > 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. Still comes down that the lead drivers testimony, hearsay, rumor, whatever isn't even needed. The cops observation of maintaining the same or approximate distance plus radar on the lead will, in all likelyhood, be accepted by the judge. Harry K |
#25
|
|||
|
|||
Alex Rodriguez wrote: > In article .com>, > says... > > > > > > > >Alex Rodriguez wrote: > >> In article .com>, > >> says... > >> > >> >The witness isn't estimating speed. He is just saying that car B > >was > >> >maintaining a set distance. > >> > >> Fat chance he will go to court to testify against the other driver. > >> > >> ---------------- > >> Alex > > > >Doesn't have to. His statement is probably part of the cop's report. > >Being a civil infraction, not criminal, that is sufficient unless the > >vic..er driver cares to appeal. I'm don't know if you even can appeal > >a ticket decision by a judge. > > So what you are saying is that if I have a witness in the car with me, I can > just write down their testimony and read it off in court as part of my > defense? That is basically what the cop is doing. > ------------- > Alex Well I suppose you could -if- you had another piece of corroborating evidence such as the radar the cop had. This whole thread is rediculous. The statement by the lead driver isn't even needed and may not even be entered in the report. I am all for beating tickets when possible (even when not) but trying to get this one pitched on the basis of the lead drivers statement ain't gonna fly. Attack it on the cop not estimating the following distance/speed accurately - yes, because lead said the following one was at same speed - no. Harry K Harry K |
#26
|
|||
|
|||
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. |
#27
|
|||
|
|||
|
#28
|
|||
|
|||
|
#29
|
|||
|
|||
Arif Khokar wrote: > Harry K wrote: > > Arif Khokar wrote: > >> > >>IANAL, but I find it hard to believe that hearsay evidence would be > >>allowed at a civil trial though. IAAL and you're correct. Hearsay is generally prohibited (there are certain exceptions) in all court proceedings on the record. > Unless the lead driver testifies under oath, or provides a sworn written > statement to that effect, then it's hearsay (AFAIK). It's not even that easy. A sworn statement is not subject to cross-examination, which is what the hearsay rule requires by its operation. IOW, no lead driver, no testimony about *what he said*. If so, it should be properly excluded upon objection. Failure to do so is reversible error. -- C.R. Krieger (Been there; done that) |
#30
|
|||
|
|||
In article .com>,
Motorhead Lawyer > wrote: > >Arif Khokar wrote: >> Harry K wrote: >> > Arif Khokar wrote: >> >> >> >>IANAL, but I find it hard to believe that hearsay evidence would be >> >>allowed at a civil trial though. > >IAAL and you're correct. Hearsay is generally prohibited (there are >certain exceptions) in all court proceedings on the record. > >> Unless the lead driver testifies under oath, or provides a sworn >written >> statement to that effect, then it's hearsay (AFAIK). > >It's not even that easy. A sworn statement is not subject to >cross-examination, which is what the hearsay rule requires by its >operation. IOW, no lead driver, no testimony about *what he said*. If >so, it should be properly excluded upon objection. Failure to do so is >reversible error. You mean they don't just pull out the "official records" exception, claiming that the officer's notes about what the lead driver said are "official records"? -- There's no such thing as a free lunch, but certain accounting practices can result in a fully-depreciated one. |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Speeding bus driver loses control and kills two innocent people | Ted B. | Driving | 15 | May 12th 05 06:11 PM |
Help: Speeding Ticket in Atlanta | RKN | Driving | 3 | May 5th 05 04:36 PM |
Speeding sucks | Magnulus | Driving | 191 | April 26th 05 05:21 AM |
Car Rental Company Told to Stop Overcharging Speeding Customers | Big Bill | Driving | 0 | April 6th 05 09:54 PM |
Running a stop sign is not speeding | John F. Carr | Driving | 19 | January 19th 05 05:50 PM |