Speeding Ticket Case Law

Well, it actually is not law at all. It is decisions and rulings from the highest courts that guide Judges in the lower courts. Roe vs. Wade and Miranda vs. Florida are case laws. They don't appear in the Statutes however they have a serious effect. For Speeding tickets there is pertinent case law as well.

Take Miranda for example. You have heard about it, it is your right to remain silent and have an attorney present. Cops are supposed to read you your warning when they arrest you (sorry, not applicable to speeding tickets). How many times have you heard of evidence being thrown out because someone didn't read the accused his Miranda warning correctly?

Roe v. Wade is another example. It does not legalize or decriminalize abortion. It is not a law. It is a ruling by the Supreme court that interprets the US constitution in a way that gives women certain rights as to their own body. Bottom line it makes it almost impossible to convict someone of murder when performing an abortion. (did you know that laws outlawing abortion are still on the books is most States?)

The Definition of Case Law is:

The aggregate of reported cases as forming a body of jurisprudence, or law of a particular subject as evidenced by adjudicated cases, in distinction to statutes and other sources of law. ( Blacks Law Dictionary )

 

In simpler terms: The legal principals established by written opinions of Judges in individual cases. The decisions of higher courts are binding on lower courts. This rule is called STARE DESCISIS. It means that the decisions act like law in the same way Statutes are law.

 

Simpler yet: Statutes are laws written by the legislatures. They are published in a book that deals with rules and regulations. The law's effect, interpretation, special circumstances and constitutionality can only be tested when an appealed issue to a ruling is brought before the High Court in a contested case. The rulings the High Court then makes becomes case law which "guides the lower courts". (if hitting someone over the head with a baseball bat is 'guiding', then I'll eat my hat)

The Tipmra uses applicable Case Laws where necessary. There are 42 of them that apply directly to the evidence in a speeding trial. They guide your trial Judge as to high court rulings as to the admissibility of the evidence against you. Should the foundation to the evidence comply with the rulings, then you will be found guilty. Should the foundation be lacking as to the high court rulings then the evidence will become inadmissible and the case against you dismissed. (read trial transcript - 1 to see how this works at trial)

 

Note: When you present case law in court you must present a complete and unedited copy, otherwise it will not be considered. (the tipmra has them complete)

 

If you learned something here, congratulations, you are one step closer to beating your speeding ticket.

(You also get access to the full legal online library using my paid subscription to research Case Law if you so desire)

 

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