Re: Ca: Can I Use the Cop's Tbwd Statements Against Him in the Trial De Novo
For starters, and since it sounds like you are "helping someone", YOU, obviously can't use anything... It would have to be the defendant
It depends... If they're using it to impeach him, or to present evidence of a contradiction, then maybe... It would depend on the scope of the information you're referring to and if it has any impact on his in court testimony. If on the other hand they're using it to say "you didn't state this fact in your declaration or you didn't check that box on your the form", then no, because you're second guessing the court's ability to make decisions it has the full power to make (deduce facts and weigh a witnesses testimony) and those matters are not relevant in a "new" trial!
Often times, half a page is sufficient to establish that the elements of the offence charged did occur, especially if he mentioned "the usual suspects...". Also, and assuming this is a 22350 case and the defendant's speed was in excess of the posted limit, you should also understand that the officer is not required to prove that the speed was unsafe. He is only required to present evidence that the speed measured was in excess of the posted limit (in addition to a showing that the provisions of VC 40802 were met).
At any rate, as far as your "second"... Your question is... what?
And what do you mean by "unjustified speed limit"?
If that is supposed to mean that you've reviewed the survey and determined that it the speed limit is not properly justified, then you should probably post the survey so we can take a look. If on the other hand you're saying that the survey recommends one speed and the posted limit as well as the P.F./Max speed indicated on the citation refer to another speed, then I can understand!
And that still leaves weather and road conditions, whether pedestrian were around or not, the substance and content of the officer's testimony/declaration, the evidence he submitted... I could go on, but you get the point!
If he's going to read right from it in court then what are they proving/disproving?
Nope! A defendant's only recourse to a decision s/he is not satisfied with in a TBD is to request a TDN!
I am right 97% of the time... Who cares about the other 4%!