What are some common defenses to a traffic ticket?

In Florida, there are several common defenses to a traffic ticket. The most common defense involves challenging the accuracy of the law enforcement officer’s observations. This includes questioning the officer’s ability to reliably identify the driver of the vehicle or whether the officer had sufficient probable cause to pull over the vehicle in the first place. Another common defense is a “lack of knowledge” defense which argues that the ticketed driver was unaware of the traffic law being violated or that there was a mistake of fact. This defense is most effective when the ticketed party can prove that he or she was not aware of the specific traffic law in question. If a mechanical malfunction or error caused the observed traffic violation, the ticketed party can raise the defense of “involuntary act.” This defense argues that the observed traffic violation was the result of a malfunction that was outside of the driver’s control, such as an engine stalling or a tire blowout. Finally, the ticketed party can enter a plea of “not guilty” and challenge the violation in court. Depending on the type of violation and the unique circumstances, a defendant may be able to successfully present a defense and have the ticket dismissed. Regardless of the defense being employed, it is important to understand that entering a plea of “not guilty” is a serious matter that must be handled properly. It is strongly recommended that defendants seek the assistance of an experienced traffic attorney before doing so.

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