BASIC PACE DEFENSE

 

This is where the sneaky officer snuck up behind you and followed you to determine your speed by pacing you and then noting the speed on his speedometer.

 

When your name is called hand over the following case laws plus appropriate case law from your sate.

If your State has appropriate case law: "Your honor, here is some appropriate case law for your consideration along with relevant case law from sister states." Hand him BOECKER plus your State case Laws.

If your State has no appropriate case law: "Your Honor, here is some appropriate case law from sister States. Unfortunately our State has no pertinent case law and as such the wisdom of High court Judges from Sister States should be considered." Hand him BOECKER

(remember you should have three copies. One for the Judge, another for the prosecutor and one for yourself)

 

 

Allow the Officer to testify: There is nothing to pay attention to during his testimony except for mention of the speed limit in to location where you were allegedly speeding.

 

The items that the prosecution must prove:

Allow the officer to give his testimony and take notes as to anything he omitted from the items he must prove. The following is the another shot across the bow. You are asking for a directed verdict. A directed verdict can only be asked for after the prosecution has finished it's case in chief. The verdict can only be not guilty. The Judges other option is to deny the motion and the trial will continue.  You have a small chance that the Judge will grant the motion and the trial ends. Always ask for the directed verdict at this time if any of the above was not properly addressed. Remember you can ask, and keep asking for a directed verdict for every item listed below. You may ask several times provided each request is based on a different set of facts omitted in testimony. A Directed Verdict is seldom granted when there is no Jury. It is designed more for a Jury trial then a trial by a Judge. Don't be alarmed if the Judge tells you this. With each motion you are shaking the foundation of the prosecutions case and drawing attention to the weakness of the foundation of the prosecutions proof.

The Prosecution or Judge in a trial where there is no prosecutor my make objection or try to ask the question that was missed. If the prosecutor or Judge starts to ask the missed question immediately object:

Prosecutor objects or asks a question: " Your Honor, I object, the prosecutor may not open the prosecutions case in chef again even if a mistake was made and required testimony was not solicited. The prosecution has rested and must sit with the evidence it presented."

Judge starts to ask questions: "Your Honor, I object. First the people went ahead without a prosecutor. Second I object to you acting as prosecutor."

If the prosecutor makes an objection: "Your Honor, the people have rested. The prosecutor has no standing in making an objection to a motion requesting a directed judgment."

The Judge makes an objection: He won't but if he does. "Your honor are you now taking the roll of prosecutor and objecting for the people on a motion you have been asked to rule upon? If so, I object and motion that you recuse yourself because you have taken a biased position acting on behalf of the prosecution."

 

 

If the Judge does not rule in your favor:

Now it is your turn to cross examine the witness. You should have read CROSS EXAMINATION

1. Ask him any questions you have regarding any of his testimony that you might want clarification to: Since the list here could be endless and totally dependent on your specific trial I make no attempt to give suggestions.

2. If you are combining your defense with the Tipmra advanced CFR strategy then ask: (note: if you did not Subpoena the material ask it anyway but leave out the part about the subpoena)

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. Handling OBJECTIONS TO CFR

 

The purpose of the placement of this defense here is to throw the prosecution a curveball, possibly end the case right here and at worst you have seriously disrupted the prosecutions plan for an easy victory.


Going after the calibration of the speedometer

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 TO Speedometer Certification

If he does not have the certification: "Your Honor, Defendant at the beginning of this trial presented ample case law showing that a speedometer calibration and certification is essential as to foundation to the accuracy of the device used. Without this certification no legal certainty exists as to the accuracy of the speed as noted by the arresting officer. Furthermore the case laws clearly state that in the absence of such certification that the case must be dismissed. Defendant motions for dismissal as the prosecution can not prove to a legal degree of certainty the accuracy of the device used."

If he has the certification:

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

If by a fluke of chance he has the material use the VERIFICATION DEFENSE

 

 

If at this point you have failed to have the case dismissed it is time to rest your case and go on to closing arguments.  " Your honor, the defense rests and is prepared for closing arguments"   See CLOSING ARGUMENTS

Suggested Reading


CLOSING ARGUMENTS    CROSS EXAMINATION    MOTIONS    HANDLING OBJECTIONS