So the goal is to punish people before finding them guilty, because getting a judge to find them guilty is too difficult?
How hard would be be to construct a device with a video camera/recorder, rangefinder, audio recorder, and a couple of sound-level meters attached to microphones with different degrees of directionality?
If the problem is that judges don't trust cops' judgements of distances and loudness, perhaps giving the cops the means to measure such things would solve the problem. Using narrow-field and very-narrow-field microphones would allow the cop to show that the noise was in fact coming from the suspect vehicle (if the very-narrow-field microphone picks up about as much total noise as the wide-field one, that means it's pointed at the noise source; if the wide-field one picks up more noise, that means the noise source is somewhere in that general direction but not quite where the narrow one is pointed).
I suspect you are on the right track with your technical arguments, a decibel meter could be used as an objective standard, etc. Of course, the judge would still have to believe the officer's testimony.
But you missed my point. I am quite confident that police will be able to determine who is breaking the law, and who is not.
I am also quite confident that judges will find the guilty and fine them.
My point is that the scofflaws will be fined, be given sixty days to pay, and ignore the fine. Then (perhaps) their driver's license will be suspended, and that will be ignored. This will go on ad infinitum ad nauseum.
Here's my perspective, I post this every so often when the message seems relevant, sort of as a memorial to Mom, as well as to let people know what the justice system is really like.
December 5th, 2001, my mother, Shirley Norkunas, was killed in a car wreck. She was on her way to a Dr.'s appointment. The roads and weather were clear, it was about 9 in the morning, the place was just south of Superior, WI on State Hwy 35. She was driving north toward Superior.
A fellow named Thomas Frankot was heading south that morning, driving on a suspended license. He apparently fell asleep, crossed into my mother's lane, she was killed instantly in the resulting crash.
Thomas Frankot lived. He is essentially judgement proof, with very few assets.
He, after much wrangling, finally pled guilty in September 2002 to driving after suspension and driving left of center.
Previous relevant citations (there are half a dozen or so others). You can find them at the following website-
http://wcca.wicourts.gov/index.xsl
DWI
DWI/OAS (Operation After Suspension)
OAS
No Valid License
OAR (Operation after Revocation)
OAR
That was six offenses BEFORE he killed Mom, so you know he was really in trouble this time.
Was he ever.
He was fined $363, license suspended for six months, and given sixty days to pay.
That's not even the funny part.
He has not paid the fine for driving with a suspended license, even though over four years, much less the sixty days have lapsed.
I asked the clerk of courts what happens when the fines aren't paid.
They suspend his license.
Now, that's justice for ya.
A little pain (paying for the tow) is not so bad.
So, while you may be correct, you are only addressing the issue of finding the scofflaw guilty in the first place. My whole issue is what happens afterwards.