Let's say you are involved in a crash and it is your fault. The police officer arrives, interviews witnesses and those involved in the accident, and you happen to say, "I didn't notice the stop sign, sorry, my fault." Can you be found guilty by that statement alone?
The answer is generally "yes," because statements or admissions of defendants are admissible in court, unlike other out-of-court statements. The police officer would normally testify that you, the operator, admitted to disregarding the stop sign. There could, however, be a valid objection from an attorney defending the charge and a possible finding of "not guilty."
Before explaining the exception and how a "not guilty" finding could result, two things are presumed-- first, that the police officer didn't actually see the violation with his own eyes and second, that no other witnesses appear in court. Witnesses ignore notices to testify all the time (because who wants to sit around all day and miss a day of work?).
In a fairly obscure part of New Jersey's motor vehicle violation statute, the following language is found: "but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident" (emphasis added).
This language is found in the section of the code that addresses a person's obligation to report accidents. And some judges have held that statements made to a police officer who is preparing an accident report are protected. The public policy rationale is that the truth will be revealed if statements are not later used in court to convict or punish a driver.
It is the lawyer's job to argue that such statements were made for the purpose of preparing the accident report and for no other reason, because any other reason would preclude the use of this evidentiary exception.
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