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socrateaser
socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 37968
Experience:  retired (mostly)
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Can a state trooper said that I was to fast when he was not

Customer Question

Can a state trooper said that I was to fast for conditions when he was not there
Submitted: 8 months ago.
Category: Traffic Law
Expert:  socrateaser replied 8 months ago.

Hello,

First, I assume that by, "state trooper," you mean "California Highway Patrol Officer" (CHP).

In court, a witness must testify from personal knowledge -- unless the person is qualified by the court as an expert witness, on the subject of their testimony. So, you can object to the officer's testimony, e.g.: "Objection: Your honor, the witness stating a personal opinion, but he/she is not qualified as an expert by the court; moreover, as the officer was not present at the scene of the alleged violation, the officer is not testifying from personal knowledge."

And, if the judge starts asking the officer questions in an attempt to qualify the officer as an expert witness, then you can object again: "Objection: Your honor, by your conducting a voir dire of the witness's qualifications to testify as an expert, the court is engaged in aiding the prosecution of this matter."

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

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