Originally posted by javaContour:
I wonder about the cosine error. Since the officer is bringing the speed as determined by the radar gun as evidence, I suspect some might be convinced to dismiss it because of cosine error, regardless of who it favors.
It may be sufficient to prove that the gun is inaccurate, regardless of who it favors.
Of course there are other ways of backing that up, such as the officers training to judge speed by observing the vehicle and such.
Such is the quirks of our legal system. For a criminal offense, even a misdemenor such a speeding, the burden of proof is always on the prosecution, all the defendant has to do is present enough doubt to prevent conviction.
TB
Not a fan of speeding tickets, as I feel there are far worse traffic offenses that go un-challenged, but I do understand why it is the way it is.
In Florida, before any officer recieves his/her certification to operate radar, they must demonstrate the ability to estimate speeds both from a stationary and moving position.
Once called to testify in a infraction hearing for speed, they can present their certification and thus prove that they can visually estimate speeds. Actually, the visual tracking is a crucial element in proving a speed case. It just adds another strike against the defendant, and backs up the radar reading. Same thing with the audio doppler shift that the officer hears.
Radar is a wonderful thing, but Laser and Aircraft are so much better.
Also, speeding is not a misdemeanor. It is merely an infraction, at least in FL.
