|
Defense Strategies
that DO NOT WORK
Trick the Court:
Any strategy where you ask for extensions in order to
have the officer not show for trial. If the officer does not show after
your motion for an extension the court will simply grant the prosecution
and extension on the basis that you have been granted one previously.
Any strategy where you pay a different amount then the
exact amount of the fine plus court costs believing that they can't
register the conviction because the amount is incorrect. Many sites have
this as their deep and dark secret.
Bring Witnesses:
Any witness you bring can and will be cross examined by a
skilled prosecutor or the Judge. Invariably the witness will do you more
harm then good in the cross examination.
Taking the Stand Yourself:
Your testimony is suspect by the fact that you are the defendant and the
court can and will construe that you are lying. You open yourself to
aggressive cross examination where you will do yourself more harm then
good.
Arguing that your car can not
possibly have reached the speed charged: This never
works because you were clocked by some measuring device. The court will
assume that the measuring device was accurate and therefore convict you
of the speed charged. Arguing that the officer targeted the wrong car:
Generally this is argued when there are many cars in your immediate area
when you were targeted. The officer will lie and testify that you were
the only car and that he had a good reading on your car. The court will
take the officers testimony as fact and convict you. (accept as a given
that the officer will lie at trial)
Arguing that the officers
measuring device was defective: During the officers
examination he will testify to his training in the use of the device and
that he properly tested it before your arrest and found it to be
functioning correctly.
There is a big difference between proving that the measuring device
was defective to making the evidence from that measuring device
inadmissible. Making the evidence inadmissible works and generally
results in the case being dismissed.
As a rule of thumb,
any defense not based on Case Law, State Statute or Federal Regulation
will fail. |