The Defense of Necessity in Your New Jersey Traffic Ticket Case

In general, the defense of necessity involves circumstances in which an individual acted in some manner that would, without other facts, make that individual guilty of a crime. As a New Jersey traffic ticket attorney can explain, if those “other facts” explain why the individual did what he or she did in order to avoid or prevent greater harm, injury, or damage, the defense of necessity may be an avenue to have that charge dismissed.

As to how the defense of necessity applies to traffic tickets, the most common citations involved are speeding, failure to stop at a stop sign, and failure to wear a seat belt. However, no matter what the charge, a common thread exists. To successfully have a traffic ticket dismissed, it must be shown that some kind of “emergency” existed.

For example:
1.    You were cited for speeding while driving someone to the hospital;
2.    You were cited for speeding to avoid an out-of-control vehicle;

3.    You were cited for speeding while boxed in from behind and to the left side and driving in the right lane, to avoid a vehicle merging from an on-ramp;

4.    You were cited for speeding because you briefly sped up to avoid being rear-ended by an “aggressive” driver behind you and then resumed posted speed; or

5.    You were cited for reckless driving because you swerved across lanes to avoid hitting another vehicle, pedestrian, animal, or other obstacle in your path.

These are merely a few examples of where the defense of necessity may come into play.

Ultimately, the issue involved in a defense of necessity is: were you forced to circumvent the exact letter of the law in order to avoid a serious and immediate danger to yourself or others?

The defense of necessity is not to be used where one was merely inattentive or careless. As an experienced New Jersey traffic ticket attorney will explain, the defense of necessity applies only where the motorist had no other options. Greater harm would have occurred had he or she, under the circumstances, not “broken the law.”

For a free initial consultation with dedicated New Jersey traffic ticket attorney Dan Matrafajlo, simply fill out the form on this page.




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