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Old 10-24-2013, 06:02 AM   #197
MotoTex
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Joined: Jul 2009
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Quote:
Originally Posted by SgtDuster View Post
Still, prima facie doesn't mean "no speed limits" like you said but like I said:

You are AUTOMATICALLY guilty if a cop catch you doing over the speed limit. He don't have to bring it to court, you are AUTOMATICALLY guilty and cited. But if you think that you're not guilty according to the situation and conditions, the burden of proof is on YOU.
I thought you were done ...

Here in the USA the constitution provides that a person isn't guilty until they have had a trial (or have admitted guilt themselves).

When the cop cites a driver this is a record of their determining that the vehicle was traveling at the stated speed. Nothing more, nothing less. It is an accusation supported by tenuous evidence. There is no aspect of this which requires a plea or a judgement in regard to the interaction with the cop. There is a little thing called Due Process which shall not be denied the accused ...

However, as you say, if the driver feels guilty and has a desire to be punished which outweighs any desire they might have to prove innocence, then, it is within their right to consider themselves guilty at that point. This may be an indication of Masochistic tendencies, or, merely a knee-jerk response to what they consider a higher power. (maybe there is no difference between those)

So, you aren't wrong, per se, as you have the unalienable right to declare yourself guilty. Heck, you can do that even before the cop cites you. But this choice on your part is really more about personal preference than it is about law.

A successful Prima Facie defense is "rare," yet is not impossible. Mostly because the method to achieve it is rather convoluted when attempted by a person acting on emotion rather than coming armed with knowledge and fact. Most fail. A few succeed. This is how rare is defined. You get what you inspect, not what you expect. Most people expect the members of the court to feel sorry for them, or to cut them some slack, and because of this they present a flawed argument against the prima facie evidence. Nuff said.
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I hearby dub thee

"SgtDuster The Guilty"


may all posterity recognize you by this lofty title

Go forth, Sir Knight, spreading your guilt far and wide across the great land. As is your want to exercise your right and obligation by circumventing due process, thus saving the courts countless time. Thereby relieving the clerk, prosecutor and judge of the burden of their vaulted positions while freeing up the docket for ner-do-wells to fight the good fight for personal freedom, liberty, and preservation of the rights of their fellowmen.

May your slide down the slippery slope be a comfortable one.

Huzzah!
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MotoTex screwed with this post 10-24-2013 at 07:44 AM
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