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You Can Defend A Traffic Violation

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Receiving a citation does not mean that you will have to pay a fine and deal with whatever additional penalties come along with the ticket. In short, a citation is merely a presumption on the part of the officer that an infraction has incurred; it is not a verdict. You still have to be proven guilty. If you believe you received an inaccurate citation, you might have a valid defense.

View Obstructions

If you can prove that there might have been an obstruction that somehow impeded the ability of the officer to see your vehicle clearly, it could be a possible defense. Consider a situation where a driver receives a citation for failing to stop at a stop sign, for instance. 

Also, assume there was a large bush or other structure in the path of the officer's view of the car. The ticketed driver could argue that because the officer could not clearly see their vehicle at the stop sign, they could also not guarantee that they did not stop. Pictures of the area around the officer's location and the stop sign would help prove this defense. 

Safe Speeding

Speed limits are meant to be followed; there is no question about this rule. However, many drivers don't know much about a thing called safe speeding. Safe speeding is basically an instance in which it is safer for the driver to exceed the speed limit than it is to go the speed limit. 

For instance, consider a highway where the posted speed limit is 65mph, but the vehicles on the road seem to be moving along at around 80 mph. In this scenario, if there is heavy traffic, the driver could claim it was more of a safety hazard for them to drive 15mph slower than the other vehicles. 

Mistaken Identity

If you receive a citation in heavy traffic, mistaken identity is one defense you might be able to rely on if you were falsely accused. Take a crowded highway, for example. The officer sees a black SUV speed by. Officers work hard to ensure they collect accurate descriptions of vehicles, but they sometimes make mistakes. 

The officer might accidentally pull over the first black SUV they see traveling in the same lane as the speeding vehicle. In this situation, you might be able to argue that the officer had the wrong vehicle. However, keep in mind that if you have a history of traffic violations, it might be harder to make this claim. 

Proving that a citation is inaccurate is not an easy task. After all, you will have to sway a judge; a judge who is well versed on the law. It's highly advised that you speak with an attorney about your possible defense for the greatest chance of success. For more information, reach out to traffic violation attorneys like Kevin T Conway Esq Pc.


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