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What if a defense that would put everyone at risk is not one of the court’s best options?
That’s what Orlando Traffic Court attorney Paul Ahern is arguing with the court, and that’s exactly what the court has been doing.
In a motion filed in Orlando Circuit Court, Ahern and his team argue that the court should not make traffic citations on the grounds that it has not been fully tested for efficacy.
Instead, the motion says, the court must conduct a clinical trial on whether a traffic citation issued by an officer who is not an experienced officer could be justified based on “the totality of the circumstances.”
“The court is aware of the recent court ruling in Florida, where the trial court found that the trial judge erred in finding that the State’s traffic citation program is ineffective,” Ahern writes.
“Based on this recent court decision, we believe that the appropriate standard for assessing the effectiveness of the Florida program is whether the trial jury was instructed to consider whether the Florida Program provides a reasonable basis for the traffic citation.
In this case, there is no such instruction, and therefore the trial trial court erred.”