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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27435
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a state trooper enters a time dispatched. and enters a

Customer Question

If a state trooper enters a time dispatched .
and enters a time of arrival thats not
possible for the miles traveled .
is it usable as evidence .?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.


My name is ***** ***** I am an experienced criminal lawyer.

Police reports themselves are usually inadmissible at trial because of hearsay problems. However, you can certainly get the officer to commit to the time dispatched and the time of arrival. If he doesn't remember either, he can refresh his recollection with the police report. If he changes one time or the other, you can impeach his testimony with the police report. Either way, yes, the time dispatched and the time of arrival that he commits to is evidence and on cross examination the defense can show that's not possible for the amount of miles traveled.