dragone
Posts: 215
Joined: 5/29/2007 Status: offline
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hi Alumbrado; The traffic camera can be disputed in court, the very pictures can be brought in by order, as exhibit to your support. But here we have a case of no visable driver, yet the car in violation, it's plates, and registered owner is and belongs to...smiley. So, the only dispute smiley has is..."you can't tell if it is me or not." So, what should the judge do..."okay, yeah, bye, no charge". The law is there to prosecute, and is not on your side, you defend, they are not obliged to defend you. There is a mythical quote...'you are inocent until proven guilty.' Ask any attorney, and they will laugh in your face. Why do you think there are attorneys in the first place? The reality is, you must prove your inocence, beyond a reasonable doubt of guilt. In this case, Smiley says you cannot see the driver; the court says, yes, true, but the vehicle registration proves you are the legal owner, by the plates issued to you. People do not just willy nilly get into any vehicle and drive away to their hearts content, keys being left in the car for just anyone.That would constitute auto thieft. Smiley never filied an auto thief report. But the camera didn't show Smiley..true, but who else could it be, if someone else drove the car at that time, if you lent the car to someone,where is he/she? Smiley could bring no one to the court. Smiley says "but it's a camera', court says, "yes, photographic proof positive."....like an eye witness. A traffic stop by a uniformed officer is a technical 'arrest'. The very word means to stop an action, to arrest, stop a movement, to hinder to proceed. or...it could mean...take a nap...no, that's a-rest.
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