Legal Question in Traffic Law in Virginia
In Virginia traffic court can a cop read from his notes or is it Improper? A buddy of mine in Law school said something about "You have to follow several procedural steps in "laying the proper evidential foundation" in some states?
1 Answer from Attorneys
Yes, during the trial of a traffic case the prosecutor may ask whether
an officer who is testifying for the Commonwealth may need to refresh his or her memory in regard to certain issues that are the subject of the
prosecutor's questioning whereupon the officer may do so by referring to his notes concerning the case before continuing with her testimony.
This may or may not be related to the requirement that before a certain line
of questioning may begin, that counsel must first establish a credible evidentiary foundation or basis for the particular line of questioning which s/he intends to pursue or risk an objection from opposing counsel if such is not done (for whatever reason).
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