Traffic offenses range from minor infractions like parking violations to more serious charges such as reckless driving or DUI. If you find yourself facing a traffic crime charge, it's essential to understand the potential defenses available. The right strategy can lead to reduced charges or even a complete dismissal. This article will explore some of the most common defenses employed in traffic crime cases.
Challenge the Officer's Observations
Many traffic offenses, including speeding or reckless driving, rely heavily on the observations of the ticketing officer. A defense can question the officer's perspective or vantage point:
Did the officer have a clear view of the alleged violation?
Were there other vehicles or obstructions that might have caused confusion?
How certain is the officer about the identification of the vehicle or driver?
By raising doubts about the accuracy of the officer's observations, one can create a compelling defense.
Dispute the Accuracy of Equipment
Law enforcement uses various equipment, like radar guns or breathalyzers, to ascertain traffic violations. These devices require regular maintenance and calibration. A defense can:
Request maintenance records for the equipment.
Check the calibration dates and results.
Question the training and expertise of the officer operating the equipment.
If there's a lapse in maintenance or calibration, it might cast doubt on the accuracy of the evidence.
Argue the Necessity of Action
In some cases, a driver can admit to the offense but justify their actions due to an emergency. This defense argues that the driver had no choice but to commit the violation to prevent harm. Examples include:
Swerving into another lane to avoid a pedestrian or animal.
Speeding to reach a hospital during a medical emergency.
For this defense to be effective, the driver should demonstrate that they acted to prevent more significant harm and had no safer alternatives.
Challenge the Legality of the Traffic Stop
Police officers should have a valid reason or reasonable suspicion to stop someone for a routine traffic stop. If an officer pulls over a driver without a valid reason, any evidence or observations made during the stop could be inadmissible in court. If the defense can prove that the stop was unwarranted, it can result in charges being dropped.
Present Witnesses or Video Evidence
Third-party testimony or video recordings can provide an objective account of the incident. Dashcam footage, surveillance cameras, or witnesses can corroborate the driver's version of events or contradict the officer's report.
Facing a traffic crime charge can be stressful and carry serious repercussions. However, by understanding and employing the right defense strategy, it's possible to challenge the allegations. It's always advisable to consult with a legal expert when facing such charges to evaluate the best course of action tailored to your specific situation.
For more information, contact a traffic crime attorney near you.
Share29 August 2023
There are so many legal situations that you can find yourself involved with, but do those situations really require that you hire an attorney? Some instances you may not need an attorney working with you, but in other situations, an attorney is definitely a necessity. This blog contains tips and advice for working through the different elements of the legal system. You will find information that can help you determine if/when you need to hire an attorney to represent your best interests. Knowing this information can help you avoid the costly mistake of taking on the legal system without someone who knows how the system works.
