Can social media be used in traffic court cases?

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Can social media be used in traffic court cases?

I have a strange situation. A person ran a red light she actually went around
the person in front of her who stopped at the light and went into oncoming
traffic. My car was the oncoming traffic and there was a huge 3 car accident.
Her insurance agreed there was no question she was at fault and agreed to
reimburse and fortunately I was NOT injured. The police told me to not show up
the traffic court so her tickets could get dropped.

However, I don’t want the ticket to get dropped. She is on social media in the
form of vlogs and tweets and posts where she often talks about how she cuts off
people, she hates slow drivers, she’s always flipping people off, etc. etc. I
am seeking no damages, but she needs help and counseling or her driving anger
is going to get someone killed. My accident was very bad, but it could have
just as easily been a bicyclist or a kid in that intersection. I am not
seeking damages, but how do I report this in traffic court or to her insurer so
she gets the appropriate punishment/help?

Asked on February 4, 2019 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, social media can be used in any court case: it is considered an admission by a party (e.g. something that the defendant said or wrote, etc.) and so is an exception to the hearsay rule that normally bars most out-of-court declarations or statements--that is, it it admissible as evidence.
Of course, you have to remember that you are not in charge or control of the case: the prosecutor is. You cannot use this in the traffic court case: only the prosecutor can. All you can and should do is bring this to the prosecutor's attention, for him/her to use if he/she wants.


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