Can police use admission made at the scene of an accident to issue a speeding ticket?
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Can police use admission made at the scene of an accident to issue a speeding ticket?
I was involved in an accident. The car in front of me made an emergency break and
I had to steer to the right to avoid hitting him. While doing so, the car in the next lane rear ended my car and so we pulled over to exchange info. The police came and took my statement. While still in sock, I told him that I was probably doing 75 or 80. Soon after I got a citation of speeding ticket. I understand that I made a big mistake by saying how fast I was going but I was not doing that fast. It was more like 65-70. Can the police use my statement against me in traffic court?
Asked on February 25, 2016 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they can. A party's admission made against his or her interests (as admitting to speeding is against your interests) may legally be used against him or her in court. In fact, in criminal cases, there's a term for this sort of admission, which is regularly sought and used whenever the authorities get it: a confession.
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