In Missouri, drivers have the opportunity to defend themselves when they receive a ticket. They retain the legal right to hire an attorney to fight a conviction. The following is a list of defenses used by a Traffic Violations Lawyer in Jefferson County MO.
How Does a Defense of Necessity Work?
The circumstances of the violation define necessity. Common reasons for speeding apply to the speed at which other automobiles are traveling. The violation was necessary if the driver avoided being rear-ended by another driver. Drivers who are boxed in between two vehicles in the left lane increase their speed to continue with the flow of traffic. These circumstances could lead to an accident if the driver slows down unexpectedly. The violations were necessary if the driver was avoiding an obstacle in their pathway. Common obstacles include animals, pedestrians, or vehicles that stop suddenly.
What is Mistake of Fact?
A mistake of fact defense would be a used if the driver made an honest mistake. Common occurrences that link to a mistake of fact defense include faded roadway markers and hidden traffic signs. Traffic tickets are dismissed if the city failed to maintain signs and roadway markers. These instances are deemed the fault of local authorities who manage the roadways.
What is a Legally Justified Violation?
A legally justified traffic violation is defined by an imminent risk. These risks include a sudden breakdown of the vehicle, bees inside the vehicle, and to combat aggressive drivers. When a driver swerves off the roadway, the state could charge them with reckless driving. However, the identified conditions help them dismiss the ticket if their action was justified.
How Do Drivers Challenge Subjective Conclusion?
This defense requires the driver to present facts about the violation. For example, a speeding ticket is dismissed if the driver proves that the officer was mistaken. Common facts used are connected to the current road conditions.
In Missouri, a traffic ticket is dismissed according to the circumstances. The driver defends themselves by presenting defenses of necessity, mistaken facts, and justification. Drivers who need a Traffic Violations Lawyer in Jefferson County MO Contact Wegmann Law Firm today.
