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  1. #11

    Default Re: Legal to Drive Thru Red Lights in Pa

    Quote Quoting Taxing Matters
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    Why shouldn’t the driver have to prove that when it is an express condition in the statute for the defense of running a red light? In some cases, of course, it will be obvious the light is malfunctioning (e.g. not working at all or acting in a very strange manner.) If the problem is just that the light seems to be red for a very long time, that is where the risk for the driver will be in going through the red light.
    Because its not on the driver to prove anything in court?

  2. #12
    Join Date
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    Default Re: Legal to Drive Thru Red Lights in Pa

    Quote Quoting Zeo
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    Because its not on the driver to prove anything in court?
    It is not true that a defendant never has to prove anything in court. The defendant has to prove any defenses he wishes to use. If the state presents sufficient evidence to support that the defendant is guilty of the offense and the defendant has some evidence to prove the state wrong then he needs to proffer that evidence or he’ll lose. So if the officer testifies that the driver drove through the red light and the defendant offers nothing in defense, what do you think will happen? The defendant will be convicted, of course, because the evidence before the court indicates he’s guilty and there is nothing in evidence to counter what the state presented.

    Of course if the state lacks sufficient evidence to even make a prima facie case against the defendant then the defendant need not offer anything. It is the situation in which the state can make that prima facie case that the defendant needs to offer something to rebut it.

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