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.Doesn't work that way, as the gun always errs on the side of the speeder. Always. All the defense will prove by bringing up cosine error is that the defendant was actually driving faster than the indicated speed on the radar gun. Case closed.
It may be sufficient to prove that the gun is inaccurate, regardless of who it favors.No, as the gun is accurate, just the method of measurement introduces error. However, that error is always on the side of the speeder. See above.
Of course there are other ways of backing that up, such as the officers training to judge speed by observing the vehicle and such.One of the guys in my department is like that. He can look at a car and guess its speed within 2 MPH 99% of the time. It's freaky. You can't understand how freaky until you sit next to him and he calls off the speed before hitting the gun. Almost always within 2 MPH, and very frequently dead on...
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.But using the "defenses" you listed above, all the defendant will do is convict himself.
However, I suspect in traffic court, you will simply anger the judge 
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.
