Posted on: 29 April 2016Share
It is easy to be discouraged when you are handed a ticket for a traffic violation. Many people just accept it and pay the fines. There are, however, three defenses that you can use if you feel that your traffic ticket was given unfairly. Before you just accept the fine, consider the three traffic violation defenses listed below.
Mistake Of Fact
If you can argue that your traffic violation was a "Mistake of Fact," you will have an easier time beating a traffic violation. "Mistake of Fact" is a defense where you argue that the circumstances of your violation were reasonably beyond your control. For example, if you were pulled over for running a stop sign, you can argue that the stop sign was hidden from view and you did not realize that it was there. You will want to take pictures of the stop sign to show that it is obscured from view. Another example would be if the stop sign is new to the area.
This defense will not work, however, if the stop sign has been there for a over a month or you have been pulled over in the same area before. At that point, the judge will consider your actions to be negligent and you will be forced to pay the fine.
Arguing that your violations were legally justified is usually easier to prove than if your actions were a mistake of facts. For instance, if you were pulled over for driving too slowly, you can argue that you were driving slowly because you wanted to make a safe turn. You don't have to deny your actions; rather, provide a reasonable and legal reason for them. If you are pulled over for speeding, provide a legal and reasonable explanation as to why you were speeding.
Necessary To Avoid Harm
A common defense that works in any state you are living in is the "necessity" defense. Was your violation necessary in order to avoid inflicting harm on you or other drivers? To use this defense, you have to be able to prove that you were forced to violate the traffic laws. One example of this defense is if you are pulled over for crossing a double yellow line. You can argue that you crossed the double yellow line to avoid hitting something unexpected in the road, like an animal or pedestrian. You can argue that if you did not cross those lines, it would have created an even more dangerous situation for you and other drivers.
You don't have to just accept a traffic violation, especially if you feel you did not deserve to be sited. By using one of the defenses listed above, it will be easier for you to avoid the ticket and the fines associated with the traffic violation. For more help with your case, enlist the services of a traffic law attorney from a company like Thomas & Associates, PC.