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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 |
Attorney answers 5

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.

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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.


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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In general, officer can be called as witness.

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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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