You might end up being stopped by a traffic officer for something as minor as not using your turn signal. Fines are not just the only worries you have to deal with, but points on your license could also lead to hikes in your insurance premiums that could last for years. Every driver aims to avoid getting a traffic ticket. When you get a traffic ticket, they accuse you of violating a traffic law. However, the government cannot penalize you for the violation unless you are convicted. A conviction can occur due to admitting the violation or when you are found guilty at a trial. Traffic tickets have potentially serious, long-lasting consequences. Here’s how to deal with getting a traffic ticket the right way:
1. Challenge the Officer’s Subjective Conclusion
Police officers must put down their personal opinion and arrive at a subjective conclusion about the events that occurred. If the ticket you received required the officer to employ some form of personal judgment about the circumstances, you may be able to challenge their conclusion on the matter. In such scenarios, when the officer issues the ticket, it is based on their subjective judgment that your actions were unreasonable. Therefore, you can avoid the ticket by casting doubt on the officer’s conclusion in a court of law. You will find it best to highlight all the factors that support the conclusion that you were driving safely. You can also argue that the office may have lacked a suitable vantage point to assess the situation accurately. You can cite things such as heavy traffic conditions to bolster your case.
2. Challenge the Officer’s Observation
Most types of violations rely on the accuracy of the officer. The evidence that you committed the offense may be limited to the officer’s testimony on what they saw. However, it would help if you avoided situations in which it is your word against theirs. You should, however, try to base your argument on whether the officer was in a position to observe the supposed violation accurately. In such scenarios, diagrams and pictorial evidence may prove necessary to show that the officer did not have a good vantage point to observe the occurrence. It will help to show where your vehicle was in relation to the officer and base your argument on that and may also show any obstructions that may have been in the way. You could also use eyewitness statements from other road users to back your story.
3. Prove Your Violation Was as a result of “Mistake of Fact.”
You might avoid getting a ticket by showing that your actions resulted from a mistake of fact. Mistakes of fact are mistakes made by the driver about the situation. You have to show that the circumstances leading to the ticket were beyond your control. It would help if you indicated that you made a reasonable and honest error. For example, you could argue that the road markers were worn out and you, therefore, failed to see them. In some circumstances, you may need the services of a speeding ticket lawyer to help deal with the ticket charge. You can get all the help you need at The Horne Law Firm. You could also show that you lacked sufficient notice about a newly erected sign and therefore made the violation due to a mistake of fact. Although it may not amount to a complete legal defense, you may end up receiving a lower fine amount.
4. Prove That the Violation was Necessary to Avoid Greater Harm
You could admit to the violation but present facts that make it justifiable. In this way, you agree to the charge, but you instead try to show the circumstances and situations that made the violation mandatory. You can show that the violation resulted from an emergency that was beyond your control. It would be best if you show that the violation was necessary to avoid much more significant harm. The key is to show that if you had not taken action leading to the offense, it could have resulted in severe injury to yourself and others. For example, you had to swerve into another lane to avoid hitting a pedestrian. It was, therefore, necessary to commit the violation. You need to show the situation that resulted in your offense and the scenarios surrounding it.
Being pulled over for a traffic violation can be a nightmare for drivers. It would be best if you tried your best to avoid getting into any trouble with the law. However, it would be best to prepare aptly for such an eventuality and how to deal with it the right way.