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

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

Columbia, SC -

Attorney Answers (5)

Robert Smead Hogan

Robert Smead Hogan

Car / Auto Accident Lawyer - Lubbock, TX
Answered

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.

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Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

In general, officer can be called as witness.

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Michael Shemtoub

Michael Shemtoub

Car / Auto Accident Lawyer - Los Angeles, CA
Answered

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.

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Kevin Coluccio

Kevin Coluccio

Car / Auto Accident Lawyer - Seattle, WA
Answered

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.

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S. David Rosenthal Esquire

S. David Rosenthal Esquire

Car / Auto Accident Lawyer - Roseville, CA
Answered

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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