[net.legal] Defense..., etc.

cwc@mhuxd.UUCP (Chip Christ) (02/07/84)

_
Sounds, to my layman's ear, like that judge is asking for just that--
a "federal case".  It's been shown time and time again that those radar
units used for clocking traffic can be really flakey (I think I read or
saw of a case where a tree was clocked at 65 mph).  To refuse to examine
documentation bearing on the validity of the evidence used to find the
motorist guilty of speeding is asking for an appeal (unless, of course,
the driver was outrageously guilty, like doing 80 in a 40 mph zone).
Any thoughts from legal types?

					Chip

lmc@denelcor.UUCP (Lyle McElhaney) (02/09/84)

A very good friend of mine got the same kind of justice in Southern California
several years ago, right after that book came out. He had witnesses
who swore that he was under the limit, but the judge declared him guilty.
He was allowed to talk to the judge in his chambers after the trial,
where the judge said he sympathized, but could not set a precedent which
could call into question all the previous cases involving the radar. The
judge said that my friend could, of course, appeal; whereupon my friend
left, remarking that he "had had enough justice for one day."
-- 
		Lyle McElhaney
		(hao,brl-bmd,nbires,csu-cs,scgvaxd)!denelcor!lmc