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How-to for Traffic Court

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goofy78270

Junior Member
What is the name of your state (only U.S. law)? CO


I am looking to self represent myself in a traffic case and had some questions:

1. If the other party does not show, can the prosecutor or officer use their statement in the hearing or would that be hearsay?
2. Is there a time frame that an officer must be on the force in order to become an expert witness in accidents or be experienced enough to determine the cause as opinion testimony by a lay witness?
3. Will I be notified if the other party is requested to show at the hearing and will I have the chance to debrief them before the hearing?
4. If evidence is offered in court, should I have been previed to it before the hearing? I have requested all documentation through discovery, but that was just the police report and my driving record. In turn, do I need to make my evidence available to the court before the hearing, such as pictures?

In addition, are there any things I should look out for or precautions I should take in representing myself?
 


FlyingRon

Senior Member
1. If the other party does not show, can the prosecutor or officer use their statement in the hearing or would that be hearsay?
It is hearsay (congrats, you're the first initial poster here who actually seems to have used hearsay in its correct meaning). It would not be acceptable.
2. Is there a time frame that an officer must be on the force in order to become an expert witness in accidents or be experienced enough to determine the cause as opinion testimony by a lay witness?
He's presumed to be one as soon as he hits the streets.
3. Will I be notified if the other party is requested to show at the hearing and will I have the chance to debrief them before the hearing?
Witnesses would be disclosed only if you request that information.
You're not going to get to "debrief" them.
4. If evidence is offered in court, should I have been previed to it before the hearing? I have requested all documentation through discovery, but that was just the police report and my driving record. In turn, do I need to make my evidence available to the court before the hearing, such as pictures?
If you requested it through discovery and they attempt to introduce something not disclosed, you can attempt to challenge it. What makes you think any more evidence than the witness (especially if it is the police officer) is needed to convict you?
 

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