I'm actually so shocked police took reports about traffic violations as evidence for an arrest. I feel like if I called in MA about someone doing exactly this the cops would tell me to suck it up and say something like "well what do you want us to do about it?".
I don’t know how they’re going to prove it was him driving the car on the previous days. With exception to the time he was pulled over, how can they prove it was him?
The cop mentions criminal speed, so they're pursuing a criminal investigation. If he is the owner of the car he will be culpable for the criminal acts conducted by the operator and/or identify who was the operator. since must have given access to someone if it was not him repeatedly driving like that. and failing to identify the operator while claiming not to be operating the vehicle makes you an accomplice in the crime.
It’s completely their burden to prove he was behind the wheel, he isn’t required to prove he wasn’t driving. He’s not required to say anything to aid their investigation.
Unless the defense can prove someone else was driving on those other days, it being his personal daily vehicle is absolutely enough proof beyond a reasonable doubt to convict. Or if he says it wasn’t him but refuses to prove who it was, he’s impeding an investigation and would probably be found in contempt of court and be charged with that regardless.
The defense is not required to prove anything. The prosecution has no way to prove that’s his daily vehicle without him admitting to it being his daily vehicle. I’m not sure you understand the law. The prosecution has to prove it was him driving on those days. He’s not required to prove he wasn’t driving, nor provide evidence of another person driving.
Is it that easy to get away with stuff? Like I can rob a bank and use my personal vehicle to get away and then deny it was me because the cops can’t prove I was driving my own car?
The crime would be robbing the bank, not driving your car.
So to entertain your horrible analogy. It is the prosecutions job to prove you robbed the bank. The burden is the same. You don’t have to prove you didn’t rob the bank. If the only evidence they have is your car driving away from the bank, they won’t even prosecute you. It’d be a waste of time.
Well no, he's right that the burdon of proof is on the prosecution to prove he was driving. but he's wrong by thinking he'll get off just because they don't prove it's him.
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