What are some common defenses to a traffic ticket?

Common defenses to a traffic ticket in South Carolina can include showing proof of correction, lack of knowledge of the law, duress, mistake of fact, and necessity. A proof of correction defense can be used if required actions are taken after receiving a traffic ticket. Once a corrective action is taken, such as paying a fine or attending a driver safety class, proof of that action can be provided to the court to seek a dismissal of the ticket. A lack of knowledge defense can be used if the driver has reasonable belief that what they were doing was not a violation of the law. This type of defense is often difficult to prove, as ignorance of the law does not excuse a violation. Duress is a defense that can be used when a driver is forced to speed or commit a similar violation due to an imminent threat or danger. Mistake of fact is a defense that can be used when a driver has committed a violation due to a misunderstanding of the situation. For example, a driver may have mistakenly believed that a particular road was open to all vehicles when it was actually closed. Finally, necessity is a defense that can be used when a driver has committed a violation to avoid a greater harm. This type of defense is often used in emergency situations, such as a driver speeding to take an injured person to the hospital.

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