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The Water Cooler
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Got in a wreck tonight
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<blockquote data-quote="Dave70968" data-source="post: 1399250" data-attributes="member: 13624"><p>Negligence is a tort action, which is a civil matter (as your jury instructions properly state). A citation is an accusation of a criminal offense. The burden of proof is on the prosecution to prove that an offense occurred, not to hand out citations and make the defendant prove his innocence. In my situation, the DA got it right and the officer, apparently in response to pressure from his superiors, didn't.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 1399250, member: 13624"] Negligence is a tort action, which is a civil matter (as your jury instructions properly state). A citation is an accusation of a criminal offense. The burden of proof is on the prosecution to prove that an offense occurred, not to hand out citations and make the defendant prove his innocence. In my situation, the DA got it right and the officer, apparently in response to pressure from his superiors, didn't. [/QUOTE]
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