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Rebuttal evidence

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Pugilist

Member
What is the name of your state? California

In court, if the officer claims that a speed limit sign was present prior to his ticketing you, but he offers no written proof of when the sign was put up, can you use a non-certified copy of a city document (showing that it was put up after your arrest) to rebut him?

Pug
 


CdwJava

Senior Member
What is the name of your state? California

In court, if the officer claims that a speed limit sign was present prior to his ticketing you, but he offers no written proof of when the sign was put up, can you use a non-certified copy of a city document (showing that it was put up after your arrest) to rebut him?

Pug
You can try ... I doubt the officer will object (or that he has the legal ability TO object since he is a witness and not a prosecutor). The judge can certainly choose not to accept it if it is not properly supported.

The worst that can happen is that the judge declines to accept it. But, since traffic courts tend to be more informal affairs, I doubt they are going to hold too tightly to the rules of evidence provided you have something on city stationery that attests to this fact.

- Carl
 

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