Closing Arguments

 

The trial ends when the defendant rests. Closing arguments are a summation of proceeding showing the strong points in your favor and highlighting any weak points that are not in your favor. This is a simple speeding ticket trial in front of a Judge, or someone calling himself or herself that. You are not appealing to a jury and the arguments should be simple and to the point.

 

It is not possible to make a closing argument for every situation, be it radar , laser or any other device used. I have no way of knowing what went on at trial and what was said by whom. You know from the testimony as to what items the officer either did not have or the things he did not do. Just go through them one by one pointing out that each and every item alone is reason for finding in your favor.

 

 

 

 

So that you have an idea I have put together a sample closing argument. I this situation radar was used and at trial the following came out in testimony.

 

 

" Your Honor, the officer testified that he tested the device before my arrest but not after my arrest. Legal principals exist along with ample case law that if a device tested as accurate before use and then again after use that the device was accurate to a legal degree of certainty during use. The same legal principal and case law is clear on the point that if the device was only tested before use but not after use that we have no assurance as to it's accuracy during use. Without the test for accuracy after use we have no legal certainty that the device gave a accurate reading."

 

"The Officer did not have the required documentation as to foundation as to the accuracy of the tuning forks. The Best Evidence rule precludes the entry of oral testimony when a written instrument exists and can be made available. Furthermore the officer has no direct knowledge as to what that document describes, it the document is for the unit used by the comparison of serial numbers, who conducted the test or even the date the test was made. All he says is that it exists and that we should take his word for it. His word, even though he is an officer of the court is not good enough because he has no direct personal knowledge as to the contents of that document."

 

" Defendant has presented ample case law stating that if this document is not presented in court that the case must be dismissed. High courts across this land have examined the issue and this court should take their counsel to benefit its decision."

 

"The defendant maintains that he was not speeding, not driving one mile faster then the posted legal limit and that the prosecution has failed to prove its allegation. Defendant deserves the benefit where reasonable doubt has been presented and a verdict of not guilty should be entered."

 

I know that this sounds very fancy. In court you probably will not be able to make an argument like this. A simple argument will suffice.

 

 

 

 

Simple Argument:

 

"Your honor, the officer said he didn't test the device after my arrest. without that test he has no clue if it was accurate during use."

 

"The case law I handed you before the trial clearly states that the document for the tuning forks must be presented in court. He didn't have it. Besides, he doesn't even know what the document says that is allegedly stored somewhere at the station. He does not even know where it is stored."

 

" I was not speeding and the evidence presented is riddled with far to much doubt. A verdict of Not Guilty should be entered."

 

In the closing argument you can say whatever you want to say in any way that you want to say it.