The check and balance part isn't working. Any decent judge should see this lacks probable cause. But judges are not impartial and instead side with the DA/police by default.
Judges, DAs and by extension any public arm including police should remember that doctrine coming from Roman law "It is more important that innocence should be protected, than it is, that guilt be punished" (John Adams, 1770) or likewise "the law holds that it is better that 10 guilty persons escape, than that 1 innocent suffer" (William Blackstone, 1769) or "it is better to let the crime of a guilty person go unpunished than to condemn the innocent" (SCOTUS, 1895).
DAs more than judges, since DAs need successful convictions on crimes important to their constituency to get re-elected, and they need police cooperation to get successful convictions.
A judge may well throw this out on its merits, but the case has to progress far enough that a judge has the chance to consider it on its merits. A DA offering a plea deal "so you avoid risking jail time" is basically circumventing that, as the judge doesn't have the resources or authority to investigate every plea deal that comes their way.
> But judges are not impartial and instead side with the DA/police by default.
Anybody, and I do mean ANYBODY, who has been to traffic court knows the courts are the extension of the cops. Worse yet, in criminal court, judges tell the jury that "being a cop doesnt give any more or less truthfulness or power on their words".
The judges work with with cops and prosecution on a daily basis. They work against you extremely rarely.