When I was stopped for speeding, the officer said something that I think would be very useful in court if I could prove that he actually said it. I know that the officer can use my words to testify against me, and it will not be considered hearsay. Can I do the same thing, or is the law non-symmetric in this respect?
Here is what hapened (from my point of view, of course - I am sure the officer saw it differently): I was driving on a relatively busy four-lane divided highway with a posted limit of 50 (probably because of the high concentration of the off-and-on-ramps in the area). I was in the second lane from the right. I saw a motorcycle in my rear view mirror, changing lanes and moving rapidly in the same direction as my car. I did not realize that it was a CHP officer because cops in our area drive motorcycles of a different model, so I decided to yield to the speeding guy, slowed down, and prepared to get to the rightmost lane. When the biker caught up with my car, he quickly moved to the rightmost lane, and signaled to me. This is when I recognied that it was a CHP officer, who then pulled me over and issued me a ticket for doing 70 in a 50 MPH zone. The officer was visibly angry with me. He became even angrier when after his standard "do you know how fast you were going?" I said "yes," but then answered "I do not have to tell you" to the follow-up question of "so how fast?" He said to me: "I try to pace you and you slow down, and this is how we get rear-ended." He was also talking to someone on the radio, and he said about me that "he slowed down from 55 to 35... no, 30, and this is how we get rear-ended."
I would like to offer officer's words as part of my defence.
- The "I tried to pace you" part shows that he was actually unable to pace me, and
- The "from 55 to 35..30" contradicts his own assertion that I was doing 70.
The trouble is, I do not know how to do it so that it's not considered hearsay.
Do you know if it is possible to obtain transcripts of the officer's radio conversations? Does CHP have it? If so, how do I ask them to give it to me if they are not intended to use the transcripts against me in court?
If I testify and say that this is what I heard the officer said, will it be inadmissible as a hearsay, or should it be allowed? If it is allowed, will it be considered expert's testimony because the officer said it, or a non-expert testimony because I related his words to the court?
Should I try asking the officer to confirm his words during cross-examination, call him to the stand as my witness once he's done being the witness for the state (is it even possible?), or should I simply tell the judge what I heard him say in my own testimony?
I know there's too many questions, but I haven't got a ticket in over a decade, and this is my first ticket in California, so I need as much help as I can find.
Thanks in advance for your help.