Quote:
Originally Posted by Titan2
You are arguing about evidence. The law as written has two parts: 1. Do not enter on yellow, 2. unless unsafe. The defence to the first part is built into the law in the second part. The cop says it was safe to stop. That is the full evidence against you and they made out the case. The problem is that it puts the onus on the driver to prove that it was unsafe to stop. Was it Fuzz that proposed what needed to be proven to make out the successful defence above? It is accurate. Unfortunately, you don't have the evidence; location at the time it turned yellow, weight of vehicle, slipperiness of the road, actual speed, etc. If you had this evidence, you could have made out an objective defence and been successful. As it is, you didn't have it and you lost. That is how it is supposed to work.
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This is kinda how I won my case. The roads were so bad, everyone in town knew it. The police, the judge, everyone.
I think the judge understood and believed me when I told him I couldn’t have possibly stopped.
Well, I guess I didn’t actually win the case, I just got the cost halved. So there’s that.