Showing Officers Notes Are Not Accurate?
Hi
Not sure of the proper terminology, but is it possible to prove the Officers notes are not accurate and have them thrown out?
For example, if the offence notice has additional information on it that is not necessarily required, yet is incorrect (wrong make/model of vehicle), and after requesting disclosure, I noticed the officers notes also have the same incorrect make/model of vehicle, can this be used in anyway to have the notes thrown out or invalidate the officers testimony?
Thanks
Re: Showing Officers Notes Are Not Accurate?
No. The officer is in his right to write down anything he chooses, whether you believe it is right or wrong. He did not gather that information by breaking into your garage or getting a statement against your will. If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense.
Re: Showing Officers Notes Are Not Accurate?
@bend said " If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense."
This is kind of what I was asking about (although I did not say it very well) ... so do I want to show that the officer's testimony is unreliable because of this? Is there a specific legal term I can search for case law (I dont know what this called so it makes it hard to find what I am looking for).
Thanks
Re: Showing Officers Notes Are Not Accurate?
You can suggest to the court that an error in the notes throws the rest of his or her testimony into doubt, but courts also accept that people are human and make mistakes. Notes are an aid to memory, not the testimony itself.
Re: Showing Officers Notes Are Not Accurate?
I found the following article on cross-examination:
http://www.nolo.com/legal-encyclopedia/ ... r11-2.htmlIt was very helpful in giving me ideas on how to question the officer, and I can hopefully bring his testimony into question.
I also found this site to be helpful:
http://fyst.caAnd of course:
http://ticketcombat.com- AlienPrime
- Jr. Member
- Posts: 31
- Joined: Tue Feb 26, 2013 3:54 pm
Re: Showing Officers Notes Are Not Accurate?
yeh got pulled over in my GTi-R Pulsar a few years back. Officer wrote it was a "Nissan Hatchback" He also refused to step the the right hand side of the vehicle and kept talking to me through the passenger window on the left haha. cops hate rhd
- Mark Twain
-
- Similar Topics
-
-
New post Copy of officers notes versus original. Custody of notes
by jsherk in General TalkLast post by jsherk Thu Oct 22, 2015 5:57 pm
-
-
-
New post Officers notes kept in officers possession?
by jsherk in General TalkLast post by Stanton Sun Jul 05, 2015 6:08 pm
-
-
-
New post Objecting to officers use of notes
by jsherk in General TalkLast post by Stanton Wed Jul 22, 2015 5:55 pm
-
-
-
New post caught on radar, do officers notes really matter
by lazywalker in General TalkLast post by lazywalker Sun Apr 26, 2015 5:22 pm
-
-
-
New post How do I bring up ERRORS in officers notes at TRIAL?
by m4gician in General TalkLast post by hwybear Wed Jul 29, 2009 9:49 pm
-
-
-
New post 112km in 80km ticket help. Mistakes in officers notes
Last post by Simon Borys Wed Dec 14, 2011 10:07 pm
-
-
-
New post Speeding Ticket - Not accurate
by JustBeFair in General TalkLast post by Decatur Mon Apr 01, 2013 11:30 am
-
-
-
New post Radar testing after officers duty. Does this need to be on the officers statement on disclosure?
by Espressotalk in General TalkLast post by iFly55 Sat Jan 26, 2019 12:41 pm
-
-
-
New post Paced and disclosure two different showing ..
by Hammer198707 in General TalkLast post by bend Tue Jan 08, 2019 9:22 am
-
Who is online
Users browsing this forum: No registered users and 168 guests