Why is the concept of hearsay important in challenging a speeding ticket?
Be aware of any hearsay in a speeding case in Municipal Court. In challenging your ticket, you will want to be aware of a key legal rule called “hearsay” that could help your case. The hearsay rule bars any testimony that quotes information from somebody other than the witness. This is sometimes called the “he said” rule because it forbids a witness from testifying to what somebody else said he saw. There is a huge catch to this hearsay rule. You must affirmatively object or the judge will allow the testimony. Here are the most common scenarios in which a prosecutor is most likely to use hearsay evidence to prove a speed violation: a. An officer testifies about what another driver told her about your behavior. b. The officer who wrote your ticket testifies about what another officer told him. c. Where two officers were in a patrol car, and one of them observed your driving. The officer who did not see your driving may not testify to what the other officer told him about your driving. d
