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

[Bill Clancy]

I just gotta ask?

were ya speeding or not?


----- Original Message ----- 
From: "Bernard Littau" <bernardl at acumenassociates.com>
To: "Theodore Chen" <tedebearp at yahoo.com>
Cc: "Scar" <s-car-list at audifans.com>; <Eric_R_Kissell at whirlpool.com>
Sent: Friday, May 21, 2004 1:42 PM
Subject: Re: [s-cars] speed tracked by airplane...long reply


> I think the distinction is in what the officer who writes the ticket
hears.
>
> In case one:
>
> Officer A: that car was speeding.
> Officer B writes ticket
>
> or case two:
>
> Officer A: car traversed marks in 14.4 seconds.
> Officer B: 14.4 seconds, Hmm, that is speeding at 75 mph.
> Officer B writes ticket.
>
> Bernard
>
> Theodore Chen wrote:
>
> >--- 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
> >
> >
> >
> >
> >
> >__________________________________
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> >
> >
> >
>
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