Q: Florida Statutes 90.803 understanding and is a cop being able to be a witness
As 90.803 is stated: to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness.
Do that mean Spontaneous Statement IS admissible in court because of the weird wording "not inadmissible."
I was driving when I came to a four way intersection. I thought everyone had to stop but it was just a two way. I stopped at my stop sign and then continued going thinking the other person had to stop as well. Then we crashed as oncoming traffic didn't need to stop. No damage as I wasn't going fast at all.I don't remember what I stated to the officer as it was my first accident ever and I was still trying to process what even happened. Can this ticket even hold up in court since the cop wasn't there to witness and also whatever I did say, can it be admissible in court even though I was in emotional and confused. Cop stated I failed to notice the stop sign in the report, but how would he know since he wasn't there.
A: Yes, it's a double negative, but it means what it says: in other words spontaneous statements ARE admissible even if they are hearsay. Also note subsection (18), admissions (your statement made to someone else).
The officer can probably testify as to your admission that you failed to notice the stop sign. He doesn't have to had been there because it's an admission.
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