Drivers who receive traffic tickets in New York or any other state may be able to challenge the citations in court. Individuals may be able to claim that they were cited based on an officer’s subjective opinion that their conduct was unsafe. It may be possible to claim that an individual shouldn’t have been cited because he or she wasn’t aware that a traffic law had been broken.
For example, if a sign prohibiting a certain action was covered up or had blown away, a driver may assume that it was acceptable to take that action. Drivers may claim that what they did was justified based on the behavior of other motorists. For instance, a person may assert that he or she was driving above the posted speed limit to keep pace with other vehicles. A motorist could also admit to speeding in an effort to avoid an aggressive or impaired driver.
If a driver must take action to avoid causing harm to others, it may be justified even if it is prohibited by law. Swerving to avoid a pedestrian may be an example of a generally dangerous maneuver that may be overlooked if it meant not hitting that person. Of course, it will generally be necessary to prove that others weren’t put in danger based on that decision.
Those who are cited for traffic infractions may be required to pay a fine or attend traffic school if convicted by a judge. In some cases, an individual may lose his or her license temporarily or permanently depending on the facts of the case. An attorney may cast doubt on evidence presented by an officer or any other party in court. This may result in a charge being reduced or dismissed entirely.