What are some common defenses to a traffic ticket?

In Illinois, there are a variety of common defenses used to challenge a traffic ticket. One common defense is necessity. This argument states that the driver was in an emergency situation where he or she had to break the law in order to prevent a greater harm. For example, if a driver was speeding to avoid a vehicle accident, then they can use the defense of necessity. Another defense in Illinois is that the ticket was written incorrectly. This may refer to a mistake on the officer’s part when filling out the ticket, such as incorrectly entering the driver’s license plate number or making a mistake in the alleged offense. If the mistake can be proved, then the ticket can be dismissed. A third defense is entrapment. This defense states that the officer induced the driver to break the law by encouraging the driver to perform the illegal action. For example, if an officer poses as a customer and pressures a driver into speeding, then the driver can use entrapment as a defense. Finally, a driver can always argue that they are innocent and that they were not guilty of the offense. This is a difficult defense to prove, since the burden of proof is on the driver to show that they did not violate the law. If the driver can present evidence to prove their innocence, then their ticket can be dismissed.

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