Winter Springs, FL asked in Traffic Tickets and Car Accidents for Florida

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.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.