It is illegal to operate a cell phone while driving in California in many
situations, but proving these violations in court can be difficult for
law enforcement agencies.
The Vehicle Code requires the prosecutor to establish that the driver was
using the device while driving; it is not enough that the device was on
when the driver was pulled over. To collect the necessary proof, some
law enforcement agencies are getting
Whether it's a speeding ticket in Kern County or a mass murder prosecution,
the state must prove every element of the case beyond a reasonable doubt.
defines this term as "proof that leaves [a juror] with an abiding conviction
that the charge is true." In other words, the evidence against the
defendant must be so overwhelming that even after telling his or her side
of the story, the juror still believes the prosecutor.
Reasonable doubt is a very high standard, and an attorney practicing in
Mojave can concede to the jury that there is evidence against the defendant,
but not enough evidence to warrant a conviction. Some high-profile trials
in the last twenty years, such as O.J. Simpson and Casey Anthony, are
excellent examples of this point.