From: Michael S. Lorrey (retroman@turbont.net)
Date: Fri May 05 2000 - 04:34:11 MDT
Zero Powers wrote:
>
> >From: "Michael S. Lorrey" <retroman@turbont.net>
> >
> >Any means of gathering evidence not under immediate human supervision
> >and control is mere hearsay evidence, no matter how accurate or well
> >time stamped it is.
>
> Perhaps. But "mere hearsay" is not the same as inadmissible, or not
> convincing. There are many exceptions to the so-called "hearsay evidence
> rule". And hearsay evidence is admitted into evidence all the time. Film
> of you running a red light would pretty much nail you, unless you came up
> with a very convincing excuse. If automated evidence were useless,
> convenience stores across the country would not be wasting so much money on
> surveillance cameras.
As previously stated by Lee, unless that film clearly shows YOU driving
the car, then there can be no citation, as a moving violation citation
must be addressed to a person who is accused, not an inanimate object.
Hearsay evidence must be corroborated by eyewitness testimony or other
material evidence. Charges based solely on hearsay are not even
indictable charges.
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