Need legal advice, traffic offence related.

[Guest INASNT]

Steady Denham. They are probably shocked the Magistrate actually disgreed with their highly educated comments.......

[GTRgeoff]

Rhett, the burden of proof in such a case rests with the prosecution to prove it was not a self preservation case. As stated earlier, case law developed from common law, which is based upon British common law.

Ultimately, the laws of nature such as self preservation are not so easy to make law against, so they are held as fundamental laws of society. Imagine allowing yourself and your family to die because a law disallowed a certain action. Or then you were punished for preserving life. These laws run back hundreds of years, before cameras were present to record every move, so the burden is placed on the state to find evidence to the contrary.