Mistake of fact is a certain situation in you may have in fact disregarded the law, but due to certain circumstances you aren’t held legally responsible. But even if you are not responsible for a traffic infraction you might still want to defend against it.
So the question you want answered is how to use this kind of defense?
You simply must prove that there were circumstances that you were unable to control that caused you to get a ticket.
One of the most successful and common ways of accomplishing this is by demonstrating that a traffic signal, if you were cited for failure to stop for example, was not in working order due to an electrical storm or other circumstance. After a storm a tree branch could of covered the sign or it’s completely fallen over. For this scenario you are not trying to speed or do anything else wrong. It is a A really great idea is to go and take some photos or video footage of where the sign or traffic signal was at fault.
This can also happen with traffic tickets where you could have failed to stop completely. One example of this scenario is where the white lines showing you where to stop may be faded. This defense strategy will work best when you have the photo evidence to back this up when you tell the judge.
People find that in a lot of situations such as these judges will be understanding. You have to be careful that you do not admit to the judge that you were going over the speed limit as posted.Instead make the case that the jurisdiction did not fulfill it’s responsibility to you as the driver.
In vary rare cases this defense can be used when speed limit signs are changed and you just happen to be one that is ticketed that day. This isn’t a completely strong defense strategy but it’s an option that you can use.
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