Can I be convicted solely on the testimony of one police officer?
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Can I be convicted solely on the testimony of one police officer?
I got charged with driving while suspended and pled not guilty so it will be a bench trial. I was on bench probation and was arrested because it was a violation. The officer pulled in behind my car which was already parked in front of the house and I was outside of the car and I was not in possession of the keys. He said he saw me driving and he recognized me. But he has no other witness or taped evidence. Is his sole testimony enough to convict me? Even if I have a witness who was in possession of the keys willing to testify that he was in fact driving the car?
Asked on December 22, 2011 under Criminal Law, Oregon
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
Bench trials are usually slow guilty pleas. The judge is usually inclinded to believe the police officer, on the premise that he has no reason to lie.
That said, it will be you and your witnesses testimony against the police officer. So, the judge will have to decide if there is enough evidence to convict you beyond a reasonable doubt.
Note, the prosecutor, will have to present some evidence to the court that your license is suspended. Usually, a certified copy of your driving record from the driver license division. Sometimes, the prosecutor will fail to get a certfied copy prior to trial.
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