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 Originally Posted by andy-akb
 Originally Posted by PokerMuzz
 Originally Posted by thizzSantaCruz
The officer says he caught me going 75 in a 55, in reality I was going about 90 when I saw him so I knew he did not have me on radar.
If he has no radar how can he prove beyond all reasonable doubt that you did actually commit an offence? Judge, he looked like he was going fast...
If you appealed this, he has no actual evidence and it would be quashed 100%. No radar, or video for a speeding offence = no crime
Chardrian, correct me if Im wrong, but in this sort of case it doesnt have to be proven beyond reasonable doubt. Im hungover right now so Im not going to try to use the correct wording, but the burden of proof in a case like this is much lower than in a criminal case.
Ok, this may be so in some American States, I did not realise. I just found an article on Honolulu traffic law. Apparently it is decriminalised, so it is a civil hearing and the burden only needs to be 'on the preponderance of eveidence.' I'm not sure about other states in the US.
However, in the UK it is a criminal hearing, so my agrument is only valid for the UK and states which still have criminal traffic law.
EDIT: I also found this on the Honolulu law
If judgment is rendered in favor of the government (in the civil case of a traffic infringement), the defendant may request a trial. The burden of proof at trial is "beyond a reasonable doubt," as the defendant has exercised the right to have the case decided in the criminal system.
As I say I'm not certain of the law in the rest of the States... But this seems to be a fair proposition. If it has been decriminalised then you still have the right to a criminal trial where it must be proved beyond all reasonable doubt.
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