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

[Theodore Chen]

i don't think that makes a difference for hearsay purposes.
in both cases, the ticket is based on officer A's observations
of the vehicle.

officer A will have to testify as to his/her observations at trial,
or it's hearsay.

whether a traffic court judge is in the mood to deal with such
legal niceties is another question.

-teddy

--- Bernard Littau <bernardl at acumenassociates.com> wrote:
> 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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