This is a powerful defense. It is the main defense sold at ticketkiller.com and the only reason that on my main web site say that of all the trash out there, this one has merit. The CFR defense as presented here is far better organized and workable and is combined with other defenses that are stronger.
Every Community and State that accepts one cent of Federal Highway or Road funds is included. As part of the acceptance of these funds they make themselves subject to the rules and regulations contained in the C.F.R. Code of Federal Regulations. As such every police officer, when he issues a ticket is doing so under color of federal law. The collection, trial and enforcement is local in nature. The speed limit they enforce is not. (exempt are private roads)
To deal with 23 C.F.R> another Federal agency was set up called MUTCD Mutual Uniform on Control Devices. The section we are concerned with it Title 23
As to the exact wording in the C.F.R. and MUTCD, forget it. It is so complicated and requires you to know at least 200 sections plus 1,000 different legislative readings to make sense of it. Here you have to trust me. This is real. The two main case laws presented are the only two times this has gone to appeals in any State. Both interpret the law the same way. To be convicted the prosecution must show that the stretch of road you were on had the correct speed limit. To do that they have to present a document called a Traffic Engineering Survey.
What the law says is that for a speed to be enforceable it must be realistic and the fastest safe speed based on a 85 percentile. Don't bother trying to figure it out. To figure out what the speed should be a Traffic Engineering Survey is required. This survey sets the speed limit. This survey must be less then five years old for the posted speed to be enforceable.
Unlike the thrust of the Tipmra Defense to not subpoena anything, in this case it is advisable to do so. The basic Tipmra defense goes to challenging the evidence presented. It is the prosecutions responsibility to have it all there at trial. If they forgot something, to bad for them, not for you. Besides if you ask for something, they just might have it. We don't want that piece of paper in court, now do we? That is why we Subpoena nothing.
With the CFR defense we are not challenging any evidence presented. as such it is not the prosecutions job to bring it unless we ask for it. On the other hand if we ask for it and they don't bring it, they are screwed. That is why we subpoena it, to prove that we asked for it in the courts own recognized manner.
What are the chances that they have it:
The chance that they have it is small. The chance that they can find it is even smaller. The chance that they even know what it is, is smaller yet. The chance that they will spent the time and effort to find it is almost zero. The chance that it was ever done is very small.
The reason it most likely never was done is because doing it costs money. The federal government does not enforce compliance and unless you know that you speeding ticket is unenforceable because of it is so remote that it does not even enter into the equation.
You will probably hear objections and the mashing of teeth as the prosecutor, or Judge and the officer have a near heart attack. Here are the suggested ways of handling the objections. OBJECTIONS
Will the Judge know what you are talking about?
Some will and some won't. Those that do will dismiss the case if the survey is not produced. Those that don't, well, half will be buffaloed and dismiss the case because they don't want others to know that they don't know anything the rest, well they are just rectal orifices.
If you forgot to Subpoena or just didn't do it, use the defense anyway. There is a good chance that the Judge will dismiss even though you did not seek this under discovery. The main tipmra defense does not hinge of the CFR defense.
Here are the Subpoena forms for your use: (use the subpoena CFR)
Case Laws to Bring:
COPY AND PRESENT ALSO Definition -CLICK HERE