... only because you'd have no evidence of it. From a legal point of view, the question is what would come down if the judge were (somehow) convinced that it actually happened that way. Actually if a "perfect" judge were so convinced.

Probably a real judge would want to say something like "Why are all of you bozos in my courtroom wasting public money with some two-bit shrinkwrap bullshit? I was good at surfing. I could have gone pro. I hate my life..."