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To: TChris
But this ruling means the burden of proof would be on the defense to show that the officer's estimate was wrong.

So the defendent has to prove his innocence rather than the accuser proving guilt.

37 posted on 06/02/2010 11:59:47 AM PDT by a fool in paradise (Throw the bums out in 2010.)
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To: a fool in paradise
So the defendent has to prove his innocence rather than the accuser proving guilt.

The burden of proof shifts back and forth depending upon the evidence. Once the prosecution has overcome your presumed innocence and established a prima facie case, establishing at least the minimum case required to convict, then it's the defense's burden to prove the prosecution wrong.

This ruling says that a trained officer's speed estimate meets the requirement for a prima facie case of speeding. Without any proof to the contrary from the defense, it's enough to convict.

If, for example, there were three witnesses in the vehicle who all testify that the vehicle's speedometer, or a GPS receiver on the dashboard, indicated a speed at or below the current speed limit at that time, then that testimony might outweigh the officer's estimate.

45 posted on 06/02/2010 12:10:30 PM PDT by TChris ("Hello", the politician lied.)
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