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Re: Fought my ticket and won...



In article <dbryantDD2y3q.BIA@netcom.com>,
David K. Bryant <dbryant@netcom.com> wrote:
>dhowell.es_cp8@xerox.com (Dan Howell) writes:
>
>
>>So here is 40802(b), defining "speed trap" and "local streets and roads":
>
>>  40802.  A "speed trap" is either of the following:
>>     (a) [...]
>>     (b) A particular section of a highway with a prima facie speed
>>  limit provided by this code or by local ordinance pursuant to
>>  paragraph (1) of subdivision (b) of Section 22352, or established

>
>
>Ah, but you quote out of context...   following (3) is the paragraph:
>
>   This section shall remain in effect only until January 1, 1993,
>   and as of that date is repealed, unless a later enacted statute,
>   which is enacted before January 1, 1993, deletes or extends
>   that date.
>
>That wipes out the Speed Trap defense.  Unless it's still in
>force... my VC is from 1991.
>
>
>In any case:  you lucky dog!
>
>

No, he is not really lucky.  I read the whole thing myself and I could 
see the amount of preparation he put into it.  Pay close attention to how 
many lines of defense he developed.  He didn't depend on just one 
argument.  He was prepared to make the prosecution prove every element of 
fact to support their charge.

I can think of some other burdens to place on the prosecution as well.  
But my ideas are not tested yet.
-- 
Scott Dunn : scotdun@netcom.com : FOIA/PA researcher, tutor 
"When there is crime in government, there is no justice." --Potato


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