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caught speeding by following



 
 
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  #21  
Old May 19th 05, 04:00 AM
Old Wolf
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wrote:
> thanks for all your replies. I see there are a few questions
> being asked. First the cop was standing on the side of the road
> with the radar in his hand. Therefore as we approached he told
> us both to pull over.


Did you consider not pulling over? You would have been well off
in the distance by the time the cop got in his car -- and there
would have been a good chance that he wouldn't have even bothered
chasing you if the other guy had pulled over. And if there
was any question in court, you could say you didn't see him, or
thought he was signalling to the car which was actually
in line of sight with his radar.

Where I live, the cop isn't allowed to just record your
licence plate and then mail the ticket, he has to pull you over
or get photographic evidence. (Is that also true where you live?)

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  #23  
Old May 19th 05, 08:20 PM
Arif Khokar
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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  
Old May 20th 05, 01:34 AM
Harry K
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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

  #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.
  #29  
Old May 20th 05, 09:53 PM
Motorhead Lawyer
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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  
Old May 20th 05, 09:59 PM
Matthew Russotto
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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.
 




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