Are all traffic violations strict liability offenses?
A. No. While most municipal traffic violations are strict liability offenses, there are several offenses that require the City to prove the driver possessed a culpable mental state to obtain a conviction. For example, to prove a charge of inattentive driving the City must prove that the defendant drove in a careless, inattentive, negligent or imprudent manner. Similarly, to prove a charge of reckless driving, the City must prove that the defendant demonstrated a willful or wanton disregard for the safety of persons or property, or violated one of the other provisions of the reckless driving ordinance. Q. What if I committed a traffic violation in order to avoid an accident? A. Necessity is a defense if and only if: 1. The driver committed the violation as a reasonably necessary to an emergency response compelled by the necessity of avoiding an imminent traffic hazard about to occur by reason of a traffic situation occasioned or developed through no misconduct, fault or omission of the
