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Defenses for a criminal traffic violation

On Behalf of | Nov 6, 2023 | Criminal Defense |

Criminal charges for a traffic violation are a serious matter. When individuals face these charges, understanding the available legal defenses becomes key to protecting their rights and potentially mitigating the consequences.

Individuals can employ several legal defenses when confronting criminal charges related to traffic violations.

Challenge the accuracy of evidence

One common defense involves challenging the accuracy and reliability of the evidence presented against the accused. This can include disputing the accuracy of the radar or speed detection equipment law that enforcement used. Individuals can also challenge the calibration and maintenance records of such equipment.

Contest the traffic stop

A critical aspect of many traffic violation cases entails individuals assessing the legitimacy of the traffic stop. If law enforcement officers lack a valid reason to pull someone over, individuals can employ this as a defense. They can argue that the stop did not rest on reasonable suspicion or probable cause, making any evidence obtained during the stop inadmissible.

Question the chain of custody

In cases involving evidence such as blood test results, individuals can question the chain of custody of the samples. This involves individuals challenging whether the samples underwent proper handling from the moment of collection to their testing in a lab.

Consider the alibi defense

An alibi defense entails individuals providing evidence that shows they were not present at the location where the violation occurred at the time it took place. This evidence may include eyewitnesses or other corroborating evidence to support the individual’s claim.

Argue lack of knowledge or mistaken identity

Individuals can argue that they were not aware of the violation or that they were not the person responsible for the violation. This argument holds particular relevance in cases involving red-light cameras or speed cameras. These cameras may capture the vehicle but not the driver, and up to 15% of red lights have one of these cameras.

A criminal traffic charge can be overwhelming, but some defenses can help a person who is facing them. When applicable, these defenses can help individuals protect their rights and lead to more favorable outcomes in their cases.