[s-cars] speed tracked by airplane...long reply

[Theodore Chen]

--- Bernard Littau <bernardl at acumenassociates.com> wrote:
> Opps, my bad with the spell checker.  I assume you all figured out I 
> meant hearsay...
> 
> Bernard Littau wrote:
> 
> > To the earlier comment on the officer signing the ticket not being the 
> > one to witness the infraction -
> >
> > If they included on the ticket that information was supplied to the 
> > officer who signs the ticket from some sort of log generated by 
> > another officer or credible observer, they can likely make it stick, 
> > as such information is not heresy, it is second hand.  Heresy would be 
> > when there is no record.  If they have a paper trail back to the 
> > witness, they can also likely make it stick.
> >
> > If they have video of your car going through the marks, then all 
> > heresy bets are off.  Plenty of case law convicting people from 
> > pictures and videos.

bernard,

it's hearsay evidence.  but it could be admissible under the business
records exception, if a foundation is laid.

the issue is, who is filling out the ticket?  if an officer is
filling out the ticket based on what another officer has told him,
that ticket would be double hearsay if introduced in court to prove
that the defendant was speeding.  

it doesn't matter whether it's the ticket or the ticketing officer's
testimony - you still have a problem with the fact that the ticketing
officer is not the one who observed the speeding.

-teddy



	
		
__________________________________
Do you Yahoo!?
Yahoo! Domains – Claim yours for only $14.70/year
http://smallbusiness.promotions.yahoo.com/offer