Quoted: The truth is even if it is pre ban and you get popped the PROOF OF BURDEN lies on you. We were talking about thet the other day with a Lawyer. HEre is why it came up.
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It will be interesting to see where this goes. Last time I looked around, this state was still in the USA which I remember having something about "innocent until proven guilty". That should mean that the burden of proof lies with the prosecution. Now, I know this isn't an ideal world, and even without proving guilt, things can be made very difficult for the defendent, often to the point of giving up. But I'm confident that if a case like this ever got to a real court (wherever that may be) it would be dismissed without proof of the violation.
Of course, IANAL and all that, but this is one of the most basic tenents that our country is built upon. If this doesn't hold true, lots of things fall apart.
Mike