What are some common defenses to a traffic ticket?
In Indiana, some common defenses to traffic tickets are ignorance of the law, coercion, mistake of fact, lack of evidence, and necessity. One common defense that people can use is ignorance of the law. To be successful with this defense, the accused person must be able to prove that they did not know that the law existed or that they were unaware of the consequences of their actions. The defense of coercion is when the accused person was forced to commit the offense. This defense may be applicable if the person is threatened with physical or emotional harm if they don’t comply with the demands of the person coercing them. A mistake of fact defense may also be successful in some cases. This involves proving that the accused person was under the impression that their actions were legally permissible or that they acted in good faith. This defense is not applicable if the mistake was caused by negligence or carelessness. Another defense is that there is a lack of evidence. In this case, the accused person must prove that there is not enough evidence to support the charge. Finally, the defense of necessity may be applicable if the accused person was in a situation where the only action that could be taken was the one that was in violation of the law. For example, if swerving to avoid hitting an animal caused the accused person to break a traffic law, this defense may be applicable. The accused person must be able to prove that the situation was an emergency and that there was no way to avoid breaking the law.
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