hearsay

[nullify]

Ohio

Yeah, I can't quite figure out what applies here. I was involved in an accident, and the other driver stated various things to the police officer. The police officer only wrote some of this information down in the report. She thinks that the other information is insignificant. Is it possible for me to ask the officer in court about these other statements that were not recorded?

This is just some general detail that is probably not necessary. The other driver stated that her light was green, but I have two witnesses who saw that it was not green. Hopefully there is enough reasonable doubt because she got the color of her light wrong. But, if she changes her story and says it was yellow, then I can't dispute that at all. I can only show that it was not green. When I spoke to the officer days after the accident, she said to me the driver stated the light was green, but it was not important because she thought I failed to yield. Only if my light was red would she not cite me.

Thanks for your help.

 

[CdwJava]

Is it possible for me to ask the officer in court about these other statements that were not recorded?

You can ask the officer anything you want in court. Whether the officer recalls the information is another matter. And if you are asking the officer about what the other person said, that would be hearsay. If the officer is called as a rebuttal witness to counter the statements of the other party, then the statement might be admissable to impeach.

- Carl

 

[nullify]

So I take it that if the other driver changes her story on the stand, I cannot use the officer as a rebuttal witness because no matter what, I cannot ask the officer to repeat what the other driver stated to her?

 

[CdwJava]

So I take it that if the other driver changes her story on the stand, I cannot use the officer as a rebuttal witness because no matter what, I cannot ask the officer to repeat what the other driver stated to her?

That's not what I said. If the driver says something, the officer can be called as a rebuttal witness under most circumstances. However, the rules of court in your state and court will determine how much leeway you are granted in calling rebuttal witnesses.

- Carl

 

[nullify]

Thanks for your help!

 

[seniorjudge]

That's not what I said. If the driver says something, the officer can be called as a rebuttal witness under most circumstances. However, the rules of court in your state and court will determine how much leeway you are granted in calling rebuttal witnesses.

- Carl

That's called impeachment. Google it.