faulty equipment defense

[spawn_x]

IAAL, any chance we can set up a little boxing match in a ring? Just a friendly 1 on 1. Maybe I'll even learn something from you.

you seem to be a hypocrite. i've seen you use profane language first on many occasions (don't ask me to find those threads) but yet when someone says "retard" you get ban happy.

 

[spawn_x]

Okay. But now you get kicked off for using the uneccessary adjective.

Retard is a noun, not an adjective.

 

[gotocourt]

This is an older thread, but still a hot topic here in Los Angeles County.

Since I do sit as a judge pro tem in the Los Angeles County courts, I have had the benefit of having evidence presented in support of red light camera charges.

First, in Los Angeles County a prosecutor rarely prosecutes the case. Instead, the officer will simply state the evidence. (What ever happened to the "no question pending" objection.) Cross- examination is allowed, but seldom is effective cross-examination conducted. Of course, no defendant is required to testify. Most often they do.

A few months back, I had a camera violation come before me. A Sheriff appeared, but since he had not observed the violation was there only for the purpose of offering evidence relating to the technical aspects of the camera, and to offer the photograph which depicted a rather large man in a Chevy Suburban. The officer testified that the license plate on the vehicle came back to the man who had appeared in court to contest the citation.

In looking at the license plate in the photo, I could only make out one of the seven alpha-numeric characters. Although it was apparent that the Suburban was driven by a rather large man, his face was not visible in the photo. When I asked the officer to put all of his other papers face down on the counsel table and read the license plate from the photo, he admitted that he could not, but proceeded to explain that computer enhancement was used to determine the full license plate number which indeed was matched to a Suburban of the same vintage that appeared in the photo. The registered owner was issued a citation based upon the registration.

There was no cross examination.

I then asked the defendant if he had any witnesses (No.); or did he want to offer his own testimony. After thinking the second question over briefly, he replied, "No". The evidence phase of the case is over.

O.K., You make the call; Guilty or Not Guilty?


After making your decision, consider the following: If the person does not appear at the trial, except by counsel (a process that is allowed in California), what evidence can be used to prove (beyond a reasonable doubt) that the person named on the registration was the driver that committed the violation?

 

[StakeDriver]

Clock your speedometer

You need to clock your speedometer to find out how far off it really is. I've done this in several vehicles but they are usually within a few percent of the actual speed. I haven't found that was off more than 3 or so mph.

Find a straight highway with mile markers on the side. Choose a legal speed and go it as consistently as possible for 4 to 5 miles; if you have cruise control, set it. Bring a stopwatch. Start time at an even mile. A safe practice is to have a passenger assist you. Maintain your speed on the speedometer as close as possible. For this example I will say you clock 50 mph (indicated on the speedometer) for 5 miles. The further you clock the less influence your start and stop errors will have on the answer. At the end of 5 miles stop your stopwatch and note the minutes and seconds it took to travel the 5 miles.

Say it took 6 minutes 30 seconds. Minutes (6) plus (seconds (30) divided by 60) equals 6.5 minutes. 6.5 divided by 60 equals 0.10833 hours. 5 miles (distance travelled) divided by hours (0.10833) equals 46.2 mph actual travel speed. This example indicates you are travelling slower than your speedometer indicates.

50 mph (indicated) divided by 46.2 mph (actual) equals
1.082. Multiply desired speed (say you want to go 65) by this factor to find out what your speedometer should read to get the desired speed. Thus 1.082*65 equals 70. If you drive at 70 per your speedometer your actual speed would be 65.

Caution: If your speedometer fluctuates (as many old ones do due to a bad cable) this may not be a reliable method. I would suggest you check your speedometer at several different speeds because your speedometer may not be off in a linear fashion. The scientific method would call for you checking at regular intervals from highest legal speed to some low speed such as 25 or 30 mph. Then do not extrapolate beyond the limits of your data, in other words, do not use your data to find out what your speedometer should read to travel at 65mph if your highest tested speed is 45mph. If your speedometer is shown to be consistent after testing and doesn't show signs of being defective (such as large fluctuations of data or the needle fluctuates visibly) then you could make up a card that is a table of desired speed vs. indicated speed every 5mph or so.

 

[jerwill421]

Tried using the same defense in the state of WA, judgment " that’s considered proof for the prosecutor" Depends on your plea mitigation or contentment, if you contest it then it's considered evidence for the prosecutor, if you mitigate it helps your plea for negligence.