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Can the traffic cop that wrote a ticket in an accident be used as a witness? Can his report be used as evidence? diagram

Columbia, SC |

If the person who is charged in the accident is TIA in traffic court, can this be used in the civil case?

Attorney Answers 5


  1. Best answer

    The officer may be called as a witness for *some* things. S/he will be able to testify as to (1) their own observations, with their eyes, ears, etc (2) their own actions, and (3) *if* they are an expert in accident reconstruction, their conclusions and expert opinions. In most cases, though, they will not be able to testify as to "what happened at the time of the accident" for the simple reason that they were not there at the time of the accident. They cannot testify as a fact witness except where they have personal knowledge.

    The opinions expressed in this answer are meant for educational and public service purposes. Requesting general information about the law on a public website should never be a substitute for a personal consultation with an attorney who can give specific legal advice tailored to the facts of an individual case. Please be aware that Robert Hogan is licensed only in Texas and New Mexico, and that any opinions given are not meant to apply outside of these states. No attorney-client relationship is intended by answering questions or emails.


  2. The officer can be called to testify. In some jurisdictions, there are court rules which allow for the introduction of the ticket and officers' notes in traffic infraction hearings.


  3. Yes, the officer who issued your ticket can be used as a witness in court. At times the notes, report, and any other information collected by the officer can be used as well.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. In general, officer can be called as witness.

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  5. The traffic cop will be allowed to testify about some things, typically things he/she observed at the scene of the collision. The traffic collision report itself is typically excluded as hearsay, but may be used to refresh the officers recollection on certain matters. In California the the outcome in traffic court is not typically binding in a civil case but you would need to get an attorney familiar with South Carolina law to chime in.

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