1. Challenge the Officer's Subjective Conclusion
Remember, in many states, with many tickets, it's perfectly possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. This is particularly likely in situations where a cop must make a subjective judgment as to whether you violated an element of the offense in a situation where no accident ensued. For example, when an officer gives you a ticket for making an unsafe left, you may argue that your actions were "safe and responsible," considering the prevailing traffic conditions. Of course, it will help your case if you can point to facts that tend to show that the cop was not in a good location to accurately view what happened or was busy doing other tasks -- for example, driving 50 mph in heavy traffic.
In about 20 states, deciding whether it is safe to exceed the speed limit is another circumstance where a subjective judgment must be made. That's because in these states the posted speed limit is not an absolute limit, but only creates a legal presumption as to the safe speed for that road. This in turn raises the possibility of challenging the officer's judgment by proving it was safe to slightly exceed the posted limit.
2. Challenge the Officer's Observations
Assume now your state law requires an objective observation by the officer, not a judgment call about whether your action was safe. This would be true if you were cited for failing to come to a stop at a red light or making a prohibited turn. Defending this type of ticket often boils down to an argument about whose version of the facts is correct. For example, if you say, "The light was still yellow when I entered the intersection," the officer is likely to reply, "It was Red, Red, Red." In disputes like this, the guy wearing the badge usually wins unless you can cast real doubt on his ability to accurately perceive what happened. Fortunately, despite the fact that most judges tend to believe cops, there are a number of techniques that may work to raise at least a reasonable doubt as to your guilt.
Here are the types of evidence most likely to help you convince the
judge that you -- not the officer -- are in the right:
3. Prove Your Conduct Was a "Mistake of Fact"
Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a judge might find you made a "mistake of fact" that means your ticket should be dismissed.
Here are several examples:
Often this argument comes down to your claim that you weren't given fair notice as to the conduct that was expected of you. For example, a judge might dismiss a ticket for running a stop sign if it was brand new or was obscured by a broken branch. However, the judge would probably not buy this defense if:
4. Prove Your Conduct Was "Legally Justified"
You may also successfully argue that your actions were "legally justified" considering the circumstances of your alleged violation. For example, if you were charged with driving too slowly in the left lane, it is a legal defense in all states that you had to slow down to make a lawful left turn. In this situation you do not have to deny that you were driving significantly below the speed limit and causing vehicles behind you to slow down, but can offer the additional fact that legally justifies your otherwise unlawful action. Such defenses can be very successful because they raise an additional fact or legal point, rather than simply contradicting the officer's testimony.
Here are a couple of examples of situations in which this defense might
5. Prove Your Conduct Was Necessary to Avoid Harm
Emergencies not of your own making are often another legal "necessity" defense recognized in all 50 states. To take an extreme example, you should be able to beat a charge of speeding if you can prove you sped up to avoid an out-of-control truck. The key here is to convincingly argue that you were forced to violate the exact wording of a traffic law in order to avoid a serious and immediate danger to yourself or others. Here are some examples:
But it's important to realize that there is a big difference between presenting a true necessity defense based on road conditions and coming up with an excuse for breaking the law based on your own inattention or personal need. Excuses that are born to lose include: