Are there any legal defenses to a traffic ticket?
Yes, there are legal defenses available to those who receive a traffic ticket in South Carolina. One of the most common defenses is what is referred to as a “necessity defense” where the driver can argue that they had to do something in violation of the law because of an emergency, such as to avoid causing further harm. Another defense is innocence, where the driver can prove that they were not actually driving at the time of the incident. This is often quite difficult to prove, however. Another common defense is “mistake of fact,” which involves showing that the driver was not aware of the facts leading to the ticket, such as a speed limit sign being hidden or covered. Additionally, a driver can argue that the ticket was issued improperly and the evidence was not sufficient enough to support the ticket. Finally, another defense that a driver could use is that the ticket was issued due to selective enforcement, which is when a law is applied to one person (or group of people) and not another person (or group of people) in a similar situation. This defense is often difficult to prove as well. Overall, it is important to note that the burden is on the driver to prove any of these defenses in court, and the outcomes will vary depending on the individual case. It is essential to discuss your case with a skilled traffic ticket lawyer to ensure the best outcome for your case.
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