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Objections to C.F.R.

 

By opening the CFR Defense you have opened a hornets nest. The chances that the prosecutor know what you are talking about is slim. The chances that the Judge knows any more then the prosecutor is small.

 

The Judge or Prosecutor may ask something to the effect : "What are you talking about?"

 

Reply: "If any municipality, community, township or State takes any Federal Money for roads they are bound by the Preeminence of Federal Law. Attached to the funds comes the string and 23 CFR is that string. 23 CFR and MUTCD Title 23 require a Engineering Survey done every five years to determine that the posted speed is the fastest prudent speed for that stretch of road. If the engineering survey is not done then the speed posted is a fictitious speed and no police officer may issue a speeding ticket based on that speed."

 

"Case Law is sparce and for your benefit here are the only two test cases from the country on the Federal Law. (Hand him CFR_case1 and CFR_case2.) Some States like California and Colorado have even placed a similar statute in their State Laws." (Hand him CFR_Colorado and engineering survey)"

 

"If this State of community has taken one penny of Federal road and highway funds it is bound by 23 CFR and MUTCD Title 23."

 

"If this document is asked for the Burdon is upon the prosecution to present it. The Burdon is not upon the defendant to provide it for the prosecution. The prosecution should know that it is required and should have it available at trial. It is not the Burdon of the defense to do the prosecutions job."

 

"If the Prosecution has it, then let's see it. If not, then this case must be dismissed and I motion for dismissal."

 

 

The Prosecution may object or the Judge may say that if you wanted the document then you should have subpoenaed it.

 

If you did the Subpoena thing and got no response: "Your Honor, I did. Here is the receipt for the registered mail and here is a copy of what I sent. The prosecution or the assigned agency either ignored it or just didn't have it. Failing to respond to discovery in itself is grounds for dismissal. Since the prosecution did not and today can not produce the document I motion for dismissal."

 

If you did not send the subpoena for the document under discovery rules: "Your honor 23 CFR and MUTCD title 23 places no Burdon upon the defense to produce this document. The Burdon is upon the prosecution to have it handy at trial in the event it is asked for. If the prosecution does not know this is a requirement then it is not to the determent of the defense that a ruling should be made. Since the prosecution can not produce this required document, Defendant motions for dismissal."

 

 

The Judge or Prosecutor may ask why you did not present the pertinent part of the CFR:

 

Say: "Your honor, have you ever weighed the CFR's, their annotations, comments, explanations and such? It would take a truck load of papers and I don't have a truck that big. Besides it is far more compelling what High courts have read into the same regulations. Remember these are Federal regulations and this State will read them the same as any other State. Even the Case Laws I presented are long enough."

 

"If this court, its prosecutor and clerks are not familiar with 23 CFR and MUTCD title 23, there is plenty of time after you dismiss this case for your staff to spend a few weeks researching and consulting with State and the Federal agencies as to it's meaning and interpretation. It is much easier to rely on the wisdom of high court Judges that have done this work. that is why I have presented the only two case laws on the subject in the country."