How to Use a Mistake of Fact Defense with a Traffic Ticket
Error of fact is a situation where you may have in fact broken the law, but due to unusual circumstances you are not held legally responsible. Sometimes, you still have to defend yourself despite not actually being responsible for the crime.
How can an error of fact defense be used with traffic tickets?
You must show that there were circumstances beyond your control when you received your traffic ticket.
For speeding tickets, one of the most common ways it can be used is because the speed limit sign is somehow blocked or missing. After severe storms, a branch may cover the sign or it may fall off completely. In this case, you are not trying to speed up or do anything wrong. It’s a good idea to get back to where the speed limit sign is missing or blocked as soon as possible and try to take photos to defend yourself.
This also happens with tickets that you haven’t been able to stop on. For example, there may not be a stop sign or the road lines may be faded. Photographic evidence will work best when you raise this with the judge.
For the most part, judges need to be understanding in cases where circumstances like these exist. You have to be careful not to admit to the judge that you were speeding as posted. Instead, he argues that the city has failed in its responsibility to you as a driver.
In very rare cases, this defense can be used when speed limit signs are changed and you come across one that was stopped that day. This is not a completely strong defense, but it is an option that you can use.
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