What can happen if I recieved a careless driving ticket after an accident and I recorded my conversation with the officer?

Can I use this recording to impeach the officer if he lies at trial? He did not know I was recording him. Do I have to share this recording with the prosecutor prior to trial?

Asked on January 15, 2013 under Criminal Law, New Jersey

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Only the state is required to produce exculpatory evidence.  A defendant is never required to produce evidence against themself.  However, if this recording would exonerate you, you may want to share it in advance to avoid a trial all together.  As a word of caution, whatever you say to the prosecutor could potentially be used against you.  You may want to use an attorney to communicate the information so that any statements you make do not get twisted on you.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the recording of your conversation with the citing officer at the scene is legal since it was not done over the telephone. You can use the tape to possibly impeach the officer at your trial. Unless the prosecutor asks for the recording before trial you do not have to advise him or her that you have such a recording.


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