Getting a traffic ticket can be expensive, both in the short term of paying fines and court costs, but also long-term with higher insurance rates due to excessive points on your North Carolina driver’s license.
Is it worth it to defend a ticket in court? It certainly can be if you craft a viable defense to the charges. Read more about one potential defense strategy below.
What does “defense of fact” mean?
The defense of fact strategy is legal to use here in North Carolina. While the old adage that ignorance of the law is not a valid defense remains true, there can be circumstances where a driver was unaware that they committed a violation.
Here’s one way it could occur: Suppose you were driving on a road doing the posted speed limit of 45 mph. You proceed along and notice those blue lights behind you. The police officer then informs you that you were driving 10 miles over the speed limit of 35 mph.
Where the defense comes in
It’s never good to try to “hold court in the street” by debating the offense with the ticketing officer. It is far better to sign the ticket and not allow the traffic stop to escalate into something more serious (and unpleasant).
Later, you can return and snap a photo of the overhanging tree limb and how its foliage completely obscures the 35 mph speed limit sign. Just don’t wait too long to get the shot because the highway department could pass through and chop down all your evidence!
Don’t approach your defense on your own
It can be intimidating trying to defend yourself in court against police testimony, overzealous prosecutors and the presiding judge. With the right guidance, you may get your ticket dismissed and not acquire any points on your license.