WHAT IS A JUSTIFICATION DEFENSE? CAN I BEAT A TICKET USING SUCH A DEFENSE?

A "justification defense" in the context of traffic violations is an argument made by the defendant to explain or excuse their actions that led to the violation. This defense is based on the idea that the defendant agrees that they committed a violation BUT there were valid reasons for committing the traffic violation, which, in the defendant's opinion, make their actions justified. However, the success of a justification defense can vary depending on the specific circumstances and the laws of the jurisdiction.

Here are some examples of common justification defenses for traffic violations:

1. Necessity: The defendant claims that they had no choice but to commit the traffic violation to prevent a greater harm. For example, they might argue that they were speeding to get someone to the hospital in a medical emergency.

2. Self-Defense: The defendant argues that they committed the traffic violation to avoid a dangerous situation or to protect themselves from harm. For instance, they may claim that they ran a red light to escape from a threatening individual who was following them.

3. Mistake of Fact: The defendant asserts that they were unaware of certain circumstances that led to the violation, such as not seeing a sign due to poor visibility or faded road markings. Note, one is obligated to take all reasonable opportunity to find traffic signs.

4. Police Direction: In some cases, law enforcement officers may instruct drivers to violate traffic laws for specific reasons, such as directing traffic during an accident scene or a parade. Drivers may use this as a justification defense if they receive a traffic citation for following an officer's orders.

5. Medical Emergency: A driver may argue that they were experiencing a sudden medical issue (e.g., a heart attack) that required them to speed or drive erratically. In this case, they may claim that they had no choice but to prioritize their health over traffic laws.

6. Mechanical Failure: If a driver can prove that a mechanical failure in their vehicle led to the violation, they may use this as a justification defense. For example, if their brakes failed, they might be unable to stop at a red light.

It's important to note that the success of a justification defense depends on the specific circumstances of the case, the relevant laws in the jurisdiction, and the judge's interpretation of the situation. Not all justifications will be accepted by the court, and it's crucial to consult with an attorney if you plan to use a justification defense for a traffic violation.