How To Use The Mistake of Fact Defense With A Traffic Infraction
Mistake of fact is a context in which you might have in fact broken the law, but due to extraneous instances you aren’t held legally liable. But even if you’re not liable for a speeding infraction you might still want to defend yourself against it sometimes.
How might you utilize the mistake of fact defense strategy with traffic tickets?
You have to prove that there was circumstances beyond your control while getting your traffic infraction.
For speeding violations one of the most traditional ways this can be used is because the traffic sign is in some way blocked or gone. After a storm a branch could of covered the traffic sign or it’s completely fallen over. In this case you are not trying to speed over the limit or do anything wrong. It’s a good idea as soon as you can go back to where the traffic sign is gone or fouled and try to take photos to defend yourself.
This can also happen with traffic tickets where you have failed to stop completely. One example of this scenario is where the lines showing you where to come to a stop could be faded. Picture evidence will work Best when bringing this up to the judge.
People tend to find that in a lot of instances such as these judges will be sympathetic. When doing this though, just be certain not to admit any wrong doing on your part.Instead make the assertion that the county didn’t achieve it’s accountability to you as a driver.
In vary rare instances this defense can be used when the speed limit signs are being changed and you happen to be one of the drivers that’s pulled over that day. This isn’t a completely strong defense but it is an option that you might use.
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Janice Morales on February 14th 2011 in Car Insurance