So when it came time for court and my wife was called up to defend herself she immediately objected to the fact that there was no prosecutor present just a police officer and Judge. Her objection was that it was a direct violation of her 14th amendment right to due process of the law. More specifically procedural due process. The judge was acting as prosecutor and Judge making it impossible for the Woman in the robe to be an unbiased third party. Is this judge really going to make a ruling against her own arguments. HELL NO, objection overruled.
Next officer jackboot made his case and my wife proceeded to question him on all the errors than can occur with the radar device during operation. With a moving radar there is a lot that can go wrong. The officer stated that he was aware of what the error’s were but did not do anything to make sure these errors were not occurring while using the device. It is impossible to know whether or not the errors have occurred that is why this device is so unreliable. Radar beams while being used in a moving vehicle can bounce off of just about anything and return to give a false reading.
While looking up the laws and finding out that in order to keep local governments from creating unjust speed traps a city county or state must abide by the Manual of Uniform Traffic Control Devices (MUTCD). 23 CFR 655.603 adopts the MUTCD as the national standard for all traffic control devices installed on any street, highway, bikeway, or private road open to public travel. This means that all states, cities and townships must abide by this manual before any law enforcement thug can enforce speed laws on any federally funded streets or highways.
A speed survey must be conducted by a licensed engineer on all roads so as to set a safe speed. If speed survey is not conducted the state must prove by engineering survey conducted by a licensed engineer why their way is better. Not very many cities or townships will do this because it is very expensive to have these high priced engineer conduct these surveys. My wife submitted a subpoena for a speed survey or engineering survey for the road she was supposedly speeding on. She got a letter from the city engineering department stating no surveys were done.
She once again proved in court that the city of Williamsburg was in violation of the United States code of federal regualations and requested a dismissal. The judge stated that the state of virginia has its own manual and is what the city follows. The last I knew Federal law supercedes state laws.
My wife was found guilty. She appealed and during her appeal every time she brought up federal law the new judge keep telling her where she can find the federal court.
In conclusion we have to follow rules that govern us but the city of Williamsburg and the district court doesn’t have to follow the rules that govern them? BULLSHIT