LiverCancer
New member
- Jul 14, 2010
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In Washington DC, a photo ticket was dismissed last year. Basically, the radar's accuracy was questioned because there was another vehicle in the photo. The exact wording was:
"In as much as the government-submitted photograph shows multiple vehicles traveling through the radar zone in a receding direction, the government has failed to prove by clear and convincing evidence that respondent's vehicle was identified as the vehicle speeding. Thus the ticket is dismissed."
If someone gets a ticket at the SAME photo machine, and there is another vehicle in frame, will this same defense work? Or do the adjudicators have discretion over the sentencing?
"In as much as the government-submitted photograph shows multiple vehicles traveling through the radar zone in a receding direction, the government has failed to prove by clear and convincing evidence that respondent's vehicle was identified as the vehicle speeding. Thus the ticket is dismissed."
If someone gets a ticket at the SAME photo machine, and there is another vehicle in frame, will this same defense work? Or do the adjudicators have discretion over the sentencing?