As Rob wells knows, by now, I would wager... he's wrangling with the judge's psychology. Nothing more. and that's about all that can be done in a courtroom. The laser pointer and kitten method, or the subtle masturbation method, or the fall into expectation method, or what is the usual case....some combination thereof. (did I miss one?)
The trick is to never be caught at it. Since the judge is almost always a retired lawyer, regarding western legal systems, it is quite the trick to pull off. All the paperwork and law stuff get in the way, but the real battle (even though both sides of the table know it) takes place in those other areas. This sounds like case of interpretation vs presentation, and well, best of luck.
It also depends on the time frame of the case, regarding when the judge has last eaten. Just after lunch is the best time, by far. Or, about 1.5 hours after breakfast, if it can be done.
Satiation of base animal core function has been shown in at least one study, to shift the decision making process in favor of the applicant (of miscarriage) by a factor of 50-55%. This, all due to the state of mind of the given decision maker in the hot seat, in the given system.
I see. 10am is pretty good. You have about an hour to get him over his full tummy hump of favorable forgiveness and benevolence. 1:30 has always been the best bet. If it becomes a two parter, see if you can nail it in the second half with no disturbed lead in from the first inning.
I'm guessing that this would be unusually long for such a case so it's probably going to be a done deal by 11am, one way or another.