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Traffic Tickets: Deciding Whether to Fight or Pay Up
Defenses That Almost Never Fly
The defenses listed here don't usually work, so if this is all you've got, it's probably a waste of time to go to court (unless you're counting on the officer's not showing up, and you get lucky).
- You claim you were honestly mistaken about the law (as opposed to a particular fact, as would be the case with a hidden stop sign). For example, if you tell the judge that you honestly thought it was okay to just slow down instead stopping at a blinking red light, his reply may be, "Sorry, ignorance of a law is no excuse."
- You argue your violation didn't harm anybody. Sorry, you are still legally required to stop at a red light even if it's 3:00 a.m. and no other vehicle is moving within two miles. The fact that your illegal conduct was not dangerous is not a winning defense, except when you are cited for speeding in states where it can be legal to exceed the posted speed.
- You complain, "The officer was picking on me." This is called "selective enforcement" and is often raised by a motorist who claims the ticketing officer ignored others who were also violating the law. It is almost impossible to win this one, since the law makes it plain that it does you no good to simply show that other drivers also violated the law and that the officer singled you out. To win with a "selective enforcement" defense, you have to take a huge additional step and show that the officer had a specific and improper motive to pick on you. If you had just won a libel case against him or had complained against him for an earlier incident, you might have a chance -- otherwise, forget it.
- You tell a sympathetic story. The fact that your child, your mother, or your parakeet was ill will not get you off. At best, the judge may reduce your fine a little (especially if you throw in the fact that you have a low income and nine hungry mouths to feed).
- You say, "The officer's lying." This is highly unlikely to result in your being found not guilty, at least without presenting any specifics to back up your contention.
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FAQs
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