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Can a hearsay police report unsigned and uncertified be used to suspend a California drivers license?
I can clarify the first part of your question, in that a "police report unsigned and uncertified" may or may not be admissible in court based on hearsay rules. (Whether or not the suspension takes place through a court is a secondary question.) The basic rule is that hearsay is not admissible. Hearsay, in general, is when I tell what Joe said. I am present to be questioned; Joe is not. The evidence of what Joe said is offered to prove the truth of what Joe said. (If it is offered to prove that Joe was not mute and was capable of speech, it's not hearsay.)
The police report, as a written document apparently being offered to prove the truth of what is written therein, is hearsay. The next question is whether it falls into any of the MANY exceptions to the hearsay rule. Local rules can allow hearsay to be used in specific circumstances, sometimes with advance notice required or with a showing of necessity. The basic rules of hearsay would allow an exception for records kept in the regular course of business, made at a time relatively contemporaneous with the event recorded, and maintained in the custody of someone whose job includes maintaining business records.
Keep in mind also that someone with legal standing must object to the use of certain evidence in order for the court to consider hearsay questions. And sometimes, even judges need a reminder of all the details of hearsay...
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Short answer: Not really enough information is given in the question in order to answer. HOWEVER - most traffic violations are misdemeanors which (legally) must occur in the opfficer's presence in order to be proecuted.
What else can I help you with?
How do you use the word hearsay in a sentence?
That was just hearsay.
When was Hearsay Social created?
Hearsay Social was created in 2009.
Is hearsay evidence excluded from the courtroom as evidence?
Hearsay testimony is not admissable.
How do you use hearsay in a sentence?
The judge would not accept her testimony as it was hearsay.
What has the author Bruce M Botelho written?
Bruce M. Botelho has written: 'Memorandum on hearsay' -- subject(s): Evidence, Hearsay, Hearsay Evidence
Which best tells what hearsay means?
A good one-word definition of hearsay: Gossip
Is hearsay admissable?
No.
Which best explains what hearsay is?
Probably the definitions: 1. unverified, unofficial information gained or acquired from another and not part of one's direct knowledge: I pay no attention to hearsay. 2. an item of idle or unverified information or gossip; rumor: a malicious hearsay. - adjective 3. of, pertaining to, or characterized by hearsay: hearsay knowledge; a hearsay report.
Is hearsay proof for a theft case?
No, hearsay is not admissible in any court case unless it falls under one of 18 exceptions. These exceptions are thought to remove the problems of hearsay testimony.
Can hearsay get you convicted of attempted murder?
yes of course, hearsay is something to do with the victim one way or another.
What does hearsay mean in scientific terms?
Hearsay is something heard and then repeated without its accuracy being validated.
Can hearsay of a habitual violator of a crime say a man with no record of such crime is the guilty party when all evidence is found on violator's property?
No, since the question presumes the evidence is hearsay; therefore it is inadmissible even if the witness had the highest degree of credibility. There are many exceptions to the hearsay rule and many instances where an out of court statement seems to be inadmissible hearsay but is not (i.e. non hearsay hearsay), that it serves no purpose to provide facts that would allow the statement to be used at trial. If the question posed more facts than just the statement that the evidence is hearsay, they would show whether the statement is admissible under an exception or as non hearsay hearsay. Once the statement is admitted as evidence it would be up to the jury to determine if the witness is believable.
