Driving violation

If a police officer files a false report, be it the weather or road conditions (and yet states that he has video evidence), is there any way that the report is deemed false and as such gets the conviction thrown out of court? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Jon Michael Zimmerman

Jon Michael Zimmerman Avvo Pro

Contributor Level 6
A report usually isn't false on its face in an infraction hearing - a legal determination must be made first as to the admissibility of a report, and then whether the statements within the report are admissible. If an officer's statements are admissible because those statements are allowed by the rules of evidence and applicable statutes, then a judge is allowed to 'weigh' the evidence. A defendant can always challenge even admitted evidence and explain to a judge that the defendant thinks those statements are false.

However, if you believe an officer is lying under oath or filing a false statement, then a decision on charges for those issues would lie with the appropriate prosecuting authority, not with a judge.

As for video evidence, you can always request a copy of any video evidence that will be used against you.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Speeding Ticket Contributors

1.
Alan James Brinkmeier
Contributor Level 10
58 answers, 0 legal guides
2.
Howard Woodley Bailey
Contributor Level 9
20 answers, 0 legal guides
3.
Carlos Gonzalez
Contributor Level 7
8 answers, 0 legal guides
View all Speeding Ticket Lawyers on the Contribution Leaderboard