wrongsometimes
Member
What is the name of your state (only U.S. law)? any
Most all people do not take advantage of deposing a police officer prior to trial (when they have this available). But in situations where the fine is high or severe points can be assessed against your license (or loss of the license) or where you feel the cop is going to lie then you should. The only disadvantage of taking an officer's deposition is cost and time. The disadvantage of not taking his deposition before trial would include him making surprise statements (he may confuse you with another case) or statements of facts that you were not aware of (you are concentrating on the road, not where cops are sitting or hiding). Of course, in his deposition, he will not have his ticket to recollect his memory (like in court) so if you can show that he cannot recall any of the traffic stop this would give grounds for filing a motion of dismissal (if allowed) if he is the only witness against you. You can also ask him questions of other traffic stops made that day; in a deposition you can almost ask him any question, including an extensive series of backround questions that may lead to his impeachment as a witness. Of course the deposition may not help you at all at trial to impeach him but it may provide you with the information needed to determine if a plea offer is a good deal for you. The downside is that it may just be an added cost to your litigation expenses without a guarantee of an outcome of the trial. I would recommend a deposition if the fee/fine is greater than $300 or it puts your license in a precarious position. Of course, if your insurance would double or have no effect, that is another consideration in respect to the cost limit.
Most all people do not take advantage of deposing a police officer prior to trial (when they have this available). But in situations where the fine is high or severe points can be assessed against your license (or loss of the license) or where you feel the cop is going to lie then you should. The only disadvantage of taking an officer's deposition is cost and time. The disadvantage of not taking his deposition before trial would include him making surprise statements (he may confuse you with another case) or statements of facts that you were not aware of (you are concentrating on the road, not where cops are sitting or hiding). Of course, in his deposition, he will not have his ticket to recollect his memory (like in court) so if you can show that he cannot recall any of the traffic stop this would give grounds for filing a motion of dismissal (if allowed) if he is the only witness against you. You can also ask him questions of other traffic stops made that day; in a deposition you can almost ask him any question, including an extensive series of backround questions that may lead to his impeachment as a witness. Of course the deposition may not help you at all at trial to impeach him but it may provide you with the information needed to determine if a plea offer is a good deal for you. The downside is that it may just be an added cost to your litigation expenses without a guarantee of an outcome of the trial. I would recommend a deposition if the fee/fine is greater than $300 or it puts your license in a precarious position. Of course, if your insurance would double or have no effect, that is another consideration in respect to the cost limit.
