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Five Strategies for Fighting a Traffic Ticket
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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:
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Driving in the right, or slow, lane, you are boxed in from the back and the left side by speeding cars. To avoid colliding with a car entering the highway from the right, you accelerate well beyond the posted limit.
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Because there is a car just to your right, you briefly speed up to avoid being rear-ended by a super-aggressive big rig that is tailgating you. Once you are in the clear, you move to the right and resume a legal speed.
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You swerve across a double yellow line to avoid hitting another vehicle, pedestrian, animal, or other unexpected obstacle. If you had failed to take an evasive action, you would have been at high risk of being involved in an accident.
But it's important to realize that there is a big difference between presenting a 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:
- My mind wandered and I didn't realize I was speeding.
- I was arguing on my cell phone and I didn't see the stop sign.
- I couldn't fasten my seatbelt because my stomach was uncomfortably full from lunch.
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