• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

access to a recording of the conversation with the officer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dimofeevich

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

I am going to court to fight a traffic violation ticket.

Since this happened many months ago, how do I know that the officer remembers the important details? Is there something I can do to make sure the story in the court room does not differ from my conversation with the officer? Specifically is the conversation I had with the officer recorded, and if so, how do I request that it is available in the court room?
Are there any notes available, and if so, how do I request access to them?

Is there incentive for the officer to win the case?
 


HighwayMan

Super Secret Senior Member
How does anyone know YOU remember the details of the conversation?

How is the conversation important?
 

dimofeevich

Junior Member
How does anyone know YOU remember the details of the conversation?

How is the conversation important?
It is true, both parties might not remember.
A recording of the conversation, or any notes, etc, will be helpful to make sure neither party can change the story.
Is the conversation recorded and can it be made available in court?
Are there notes (there should be!) and can these be available in court?
Do I need to request it in advance?
 

CdwJava

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

I am going to court to fight a traffic violation ticket.

Since this happened many months ago, how do I know that the officer remembers the important details?
You will not know until he testifies at trial. But, by then, you may lose any chance you might have had for traffic school if you lose.

You can seek the back copy of his ticket and any report generated via discovery so that you might have some idea of the notes he made to refresh his memory at trial, should you so choose.

Is there something I can do to make sure the story in the court room does not differ from my conversation with the officer? Specifically is the conversation I had with the officer recorded, and if so, how do I request that it is available in the court room?
You can seek copies of any audio or digital recordings as part of discovery ... if they are available.

Are there any notes available, and if so, how do I request access to them?
See above.

Is there incentive for the officer to win the case?
Not really. He gets paid the same whether he wins or loses. You, however, have a great deal of incentive.
 

FlyingRon

Senior Member
I'm first wondering if such a recording exists. You can certainly discover that if it does. If there is no such recording, it's up to the officer's memory and any notes he made. Such notes are usually written on the back of his side of the ticket. You CAN request discovery of that.

Unless he's going to testify that you incriminated yourself with statements after the stop and that's the only evidence he has of the crime, it's not going to really make much difference.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top