3 Winning Defense Strategies For A Traffic Crime Case
Traffic violation cases are among the most common cases in the US, with more than 41 million drivers getting speeding tickets yearly. This statistic means that you could find yourself violating traffic laws depending on the laws in each state.
However, you can win a traffic violation case by hiring a traffic crime lawyer to defend you.
Traffic crime attorneys know different defense strategies to get your case dismissed or earn you more lenient fines for traffic violations.
Here are some of the defense strategies your traffic crime attorney can use.
1. Argue Against the Officer's Subjective Conclusion
Most states in the US have basic speed laws to govern motorists when driving on highways. The speed laws dictate how fast you should drive on specific parts of the highway and residential roads. However, whether you violate these speed laws depends on what the arresting officer says about it.
Your traffic crime attorney can argue against the arresting officer's subjective conclusion on your violation of the basic speed laws. For instance, your lawyer can claim that the officer's conclusion of tailgating doesn't warrant the case against you. The lawyer can also argue that the arresting officer did not have a good vantage point when making the subjective conclusion in your case. This strategy can be useful if the arresting officer has no tangible evidence to support their claims.
2. Dispute the Arresting Officer's Observations
Your lawyer can also dispute an officer's observation of the alleged traffic crime to win your case. For instance, if you're charged for violating a stop sign, your lawyer can argue that the arresting officer did not accurately observe the violation. However, this argument will only work if the officer doesn't have supporting evidence, such as photographs from screen cameras.
In a red light violation case, the traffic crime lawyer can argue and show evidence that the arresting officer was too far away to make a conclusive observation.
The lawyer can also say there was obstruction from other cars, a hill, or trees that might affect the officer's observation. Your lawyer can also provide photographs and diagrams to support this argument and win a case.
3. Argue With the "Mistake of Fact" Strategy
Your traffic crime attorney may also convince the court that you committed the traffic offense out of an honest and reasonable error. The lawyer must prove that your violation resulted from circumstances beyond your control.
For instance, if you get arrested for violating a speed limit in a residential area, your lawyer can argue that there were hanging tree branches obstructing the speed limit sign. Of course, the lawyer would have to produce tangible evidence of the hanging tree branches, such as photographs.
In such cases, the judge might dismiss your speeding ticket. Alternatively, you could get a more lenient fine if the judge accepts your explanation for the traffic violation.
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