5.7 Evidence

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2022 Ed.)

5.7 EVIDENCE

5.701 Admissibility.

Trial practice in the defense of serious traffic cases is often directed towards keeping unfavorable evidence out. But there are times when the defense counsel may want to admit exhibits such as photographs of the crime scene. The rules of evidence and the constraints on admissibility are the same in these cases as in any other. In Virginia, admissibility is controlled by a combination of statutes, case law, and the Virginia Rules of Evidence. ¹¹²² Photographic evidence will be admissible if it fairly and accurately depicts the subject of the photograph at the time of the offense. ¹¹²³ An officer or a lay witness who was present can help lay the foundation for this evidence. ¹¹²⁴

5.702 Stipulations.

A typical example of evidence that a defendant might wish to present is a favorable letter from a counselor or an employer regarding the defendant that is relevant to the case; however, letters from persons who are not present are hearsay and may be admitted only by agreement or stipulation with the Commonwealth. Agreements to stipulate can be used to save time at trial or to save costs (with...