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by kinghajj 4062 days ago
I've never gotten a traffic ticket, actually. You might not be able to fight the cop, but a judge may be easier to sway. They have to show intent after all, no? I've read stories of people fighting such ordinances in court (not that that's a reliable source).
3 comments

Traffic violations are, in most places, considered a general intent crime (versus specific intent). The bar for proving general intent is much, much lower than specific intent. The courts frequently hold that if you're driving the car, you are responsible for how fast you're going and where you end up. This makes the act of breaking a traffic law de facto intent. Only verifiable events outside of your control can get you off the hook consistently.

With respect to judges, you've got to remember that a traffic judge spends all day every day listening to people's excuses. "I got lost and took a wrong turn" is something they'll hear frequently in defense of tickets related to traffic control ordinances. In some jurisdictions, there are special administrative judges/magistrates who do exclusively this. They tend not to suffer fools.

I'm not saying that no one ever gets off on tickets like these, but if you look at the overturn rates for traffic violations, they're extremely low.

I was mostly joking when I suggested you might fight the ticket in traffic court. Traffic court is a hilarious, terrible waste of time.
Traffic laws are generally strict liability. Your intentions, motives, knowledge, etc. are all irrelevant. You break it, you buy it.