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Traffic Violations

Just because you got a ticket for a traffic violation does not mean you have to accept it. In New York, you have the right to dispute any traffic ticket. There are a number of different strategies you can use to fight a traffic ticket.

One common strategy is to dispute the police officer's opinion. In many cases, a police officer must rely on his or her personal judgment in deciding whether to issue a traffic ticket. As a defense, you could argue that the actions you took were actually safe and reasonable. For example, let's say that you decide not to stop when a traffic light turns yellow because the streets were wet. You had legitimate concerns that you may hydroplane. If you were issued a ticket for running a red light, you could argue that the light was still yellow and that in fact, going through the intersection was the safer choice. Violations such as running a red light often involve the officer's discretion, which can sometimes be successfully challenged in court. 

You could also argue that your actions were justified given the circumstances. An example of this could be if you were speeding because you were trying to pass a car that you thought had a drunk driver. You could also make the argument that your actions were necessary to prevent harm to you or to other people, such as swerving to avoid hitting a child who unexpectedly ran into the street.

Another strategy is to assert that you made a mistake of fact. A mistake of fact means that you made an honest and reasonable error. A mistake of fact could be that you failed to stop at an intersection because the stop sign had been knocked down or obstructed by a bush.

These are only a few of the examples of defenses you could use to dispute a traffic ticket. Whether any of these defenses will be successful depends on the facts of your particular case.

Remember, you do not have to pay a ticket simply because you got one. If you have questions about how to dispute a traffic ticket, you may find it helpful to speak with an attorney. 

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