Prove Your Conduct Was “Legally Justified”

You may also successfully argue that your actions were “legally justified” considering the circumstances of your alleged violation. For example, if you were charged with driving too slowly in the left lane, it is a legal defense in all states that you had to slow down to make a lawful left turn. In this situation you do not have to deny that you were driving significantly below the speed limit and causing vehicles behind you to slow down, but you can offer the additional fact that legally justifies your otherwise unlawful action. Such defenses can be very successful because they raise an additional fact or legal point, rather than simply contradicting the officer’s testimony.

Here are a couple of examples of situations in which this defense might work to clear your ticket.

  • You are forced to stop on a freeway because your car has begun to make a loud and dangerous-sounding noise and you fear you would put other drivers in danger if you continued to drive without checking it out.
  • You swerved into the right lane without signaling a lane change to pull over because a hornet flew into your car through your open window.
  • You had sudden and severe chest pain and safely exceeded the posted speed limit to get to the doctor, whose office was only one half-mile away.

These tips have help me win several traffic violations.

 

Two Kinds of Traffic School

There are two types of traffic school. There is a 8 hour class and a 12 hour class. Normally, the 8 hour class is offered to you online when you go to pay your traffic ticket. The Court will offer this option to get as many people as possible to avoid going to Court. The 12 hour class is a two day 6 hour class that you have to participate in in person. You can’t take it online.

You also have to ask the Judge to allow you to attend the 12 hour class to avoid getting one point on your DMV record. That means, you have to go to court and ask the judge.

So what you need to do is request a hearing date or attending the date set on your ticket. At the hearing, ask the Judge for the opportunity to attend the 12 hour class. It will mean that you plead guilty to the ticket and pay the fee but you get the 12 hour class to avoid the points from getting put on your DMV record. This is particularly helpful if you have recently taken the 8 hour class.