Posted on: 28 July 2018
Traffic violations are scary situations to be put in, as they can cost you money and ruin your driving record. If you're given a ticket and believe you're innocent, consider these defense strategies recommended by traffic attorneys. They can help you get through this legal situation in a way that doesn't harm your future.
Mistake of Fact
No one is perfect when it comes to driving. Everyone makes mistakes, and it's going to happen to you at some point while driving. However, if you can show the judge that your traffic violation was an honest mistake, you may be able to qualify for a 'mistake of fact' clause.
A classic example of this defense strategy is when a speed limit sign is old and hard to make out. You may have been over the speed limit, but because the speed sign couldn't be made out clearly, you won't be accountable for going over the limit by a couple of miles per hour.
In times of an emergency, you have more leeway for breaking traffic laws. This legal justification can apply in many situations. For example, if you were having a panic attack or chest pains, your driving behavior probably won't be normal. You shouldn't therefore be held accountable for any traffic violations that occur, since an emergency caused you to drive in a drastic manner.
Another classic example of this 'legal justification' scenario is when you swerve into another lane without signalling because a bee or wasp flies in through your window. You may fear getting stung and thus are more likely to drive in an abnormal manner.
A lot of times, it's other drivers who cause you to perform extreme maneuvers on the road. You shouldn't get a ticket for these maneuvers because you are simply trying to avoid severe accidents and bodily harm.
A prime example of an 'avoiding harm' defense is changing lanes without signaling or speeding in effort to avoid colliding with another driver in front of you. This driver may have slowed down too quickly, and you changing lanes without signaling or speeding up probably prevented a costly accident from occurring.
Traffic violations may seem minor, but they can affect your life for many years to come. If you believe you shouldn't be held accountable for one of these violations, talk with a traffic violation attorney. They'll consider the aforementioned defenses and pick one that works perfectly for your particular legal situation. Read more about ways an attorney can help you defend your traffic violation.Share