Advice On 78.1(1) Handheld Communication Device Ticket

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Re: Advice On 78.1(1) Handheld Communication Device Ticket

by: shuank on

As this is my first time attending a trial, I am not familiar with how everything is carried out procedurally.

When is the appropriate time during the trial to show evidence that would contradict the police officers testimony/ notes? For example (and I know this is not relevant nor helpful to my particular case) lets say my car is actually blue, and not silver, and I want to show a photo of my car to prove the contradiction in the officers testimony.

Again, I know this example will not help my case, but I would just like to know when contradictory evidence should be presented during the trial. The cross examination does not seem like the appropriate time to do this.. and if I opt not to take the witness stand, is the closing arguments the appropriate time to present this contradictory evidence/ information?

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by: ShrekTek on

FYI: In my last post it should have said "objection, officer can NOT testify to any verbal statements without a voire dire"

There are two places that you can show contradictory evidence. One is when you take the witness stand to testify. However if you are not going to take the witness stand (which is your right) then the only other time to get that contradictory evidence in is during cross-examination of the police officer. So you have to do it in a way that is a question to the officer.

I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

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