If it is the law, then why don't prosecutors come to court with all the material to win. Surely they know what you know?
First off, most prosecutors in traffic court don't know very much. They couldn't care less about the case laws in speeding offenses and have not looked one up since law school. They are there to make a buck. They don't do it for free you know. They are there generally because no one in their right mind would hire them as a real attorney.
Some are paid by the hour, some by the conviction and some by the case. In any event the more cases they grind through per hour, the more money they make. The average is $10 per case. At $10 per case they have no incentive to do any homework or spend hours preparing for trial. Why bother when 9999 of every ten thousand defendants comes unprepared or with a lame defense that he or she picked up from some (insider secrets) speeding ticket site. These require no homework or case preparation. Guilty, Guilty, Guilty sayeth the Judge.
Now you come along, the one in ten thousand. You slap down your case law, you ask the correct questions and you require the foundation he did not bother to bring. So he loses, losing one in ten thousand isn't bad as far a batting average goes. Heck, he is going to get rid of you as fast as he can. Your trial takes time, time is money and he knows he can't beat you. Most often it is the prosecutor who asks for dismissal, not you.
Ok, you ask, then why does not law enforcement come with the required material? Surely they know what is required? Probably the local administrator knows but the average cop does not. Again it boils down to the bucks. Who is going to pay the cop or someone else to keep the required records, do the proper tests on speedometers and tuning forks and radar guns and site surveys. Then who is going to make certain that the cop has all the right material for every defendant he is going to face in court that day? Who? no one.
The cop is trained to lie. When he takes the stand he knows the story. I have known cops to take the stand, tell of the testing of the radar unit and swearing that it was you and only you that was in his sites when he took the reading. Only to find out he did not even have a radar gun with him that day.
Speeding tickets are a money making machine. Like any machine they want it churning out product as fast as possible. If they slow down the machine to make certain that every widget is perfect the production rate goes down as well as the profitability. It is better to go into high speed and accept one miserable imperfect widget every ten thousand times.
You, a knowledgeable and prepared defendant are that miserable widget.
The average trial last less then five minutes. Two is the preferable number. they schedule on average two hundred for a two hour period. 30% are there to plead guilty, 30 percent don't show and 40% are there for trial. the trials start after the pleas are taken. Things move fast, all you hear is Guilty, next, Guilty next. Then you come along, the royal pain in the ass. The prosecutor and Judge will let you proceed up to the point they see that you have them by the short hair. Their object now is to get rid of you as fast and as painlessly as possible.
You should go to a traffic court see what happens. The tipmra suggests that you go and view the proceedings in the court you will be tried at before you go to court for your case. This will assist in your preparedness.
If you are a prepared defendant, with the right materials and a defense strategy that is based on law and case law you will beat them every time. If not, or your defense is based on the nonsense found in 'Debunking the Myth' then Guilty, next! So Sayteh the Judge
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