Mistake of fact is a context in which you might have in fact disregarded the law, but because of extraneous circumstances you are not held legally liable. But even if you are not accountable for a traffic infraction you might still want to defend yourself against it sometimes.
So the question remains of how to use this kind of defense strategy?
You must show that there were circumstances beyond your ability to control while getting your traffic citation.
One of the more successful and common ways of accomplishing this is by demonstrating that a traffic signal, if you were cited for failure to stop for example, wasn't working due to an electrical storm or other circumstance. After a storm a tree branch could of covered the traffic sign or it's completely fallen over. For this scenario you are not trying to speed or do anything else wrong. It could be a good idea as soon as possible to go back to where the road sign is obstructed or gone and take photos to defend yourself.
This also happens with traffic tickets where you have failed to stop completely. For example a stop sign might not be there or the lines on the road are faded to where they are not easily seen. Photo evidence will work Best when bringing this up to the judge.
People find that in a lot of situations such as these judges will be sympathetic. When doing this though, just be certain not to admit any wrong doing on your part.You would want to declare that the county did not maintain proper signage to the drivers in that particular instance.
In vary rare instances this defense strategy can be used when the speed limit signs are being changed and you happen to be one that is pulled over that day. This isn't a strong defense strategy but it's an option that you can use.
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