You may have heard the 'mistake of fact' defense used by someone when they may have actually broken the law, but because of extraneous instances you are not held legally responsible. But even if you are not liable for a traffic ticket you must still defend yourself against it sometimes.
How could you utilize the mistake of fact defense with driving violations?
You have to prove that there were circumstances that were beyond your control while getting your traffic violation.
For speeding tickets one of the most traditional ways this can be used is because the speed limit sign is in some way blocked or gone. After a storm a branch might cover the sign or it's completely fallen over. In this scenario you are not trying to travel over the limit or do anything wrong. It is a A really great idea is to go and take some pictures or video of where the sign or traffic signal was at fault.
This can also happen with tickets where you could have failed to stop completely. One example of this is where the lines showing you where to come to a stop may be faded. Picture evidence will work Best when bringing this up to the judge.
For the most part judges will be sympathetic in cases where there are circumstances such as these. You have to be careful that you do not admit to the traffic court that you were breaking the speed limit as posted.You would want to state that the jurisdiction didn't arrange proper traffic signage to the drivers in that particular instance.
In vary rare cases this defense strategy can be used when speed limit signs are being changed and you just happen to be one that's ticketed that day. This is not a completely strong defense but it is an option that you might use.
How could you utilize the mistake of fact defense with driving violations?
You have to prove that there were circumstances that were beyond your control while getting your traffic violation.
For speeding tickets one of the most traditional ways this can be used is because the speed limit sign is in some way blocked or gone. After a storm a branch might cover the sign or it's completely fallen over. In this scenario you are not trying to travel over the limit or do anything wrong. It is a A really great idea is to go and take some pictures or video of where the sign or traffic signal was at fault.
This can also happen with tickets where you could have failed to stop completely. One example of this is where the lines showing you where to come to a stop may be faded. Picture evidence will work Best when bringing this up to the judge.
For the most part judges will be sympathetic in cases where there are circumstances such as these. You have to be careful that you do not admit to the traffic court that you were breaking the speed limit as posted.You would want to state that the jurisdiction didn't arrange proper traffic signage to the drivers in that particular instance.
In vary rare cases this defense strategy can be used when speed limit signs are being changed and you just happen to be one that's ticketed that day. This is not a completely strong defense but it is an option that you might use.
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