My buddy had just bought a new SS camaro and let me drive it. Anyway…. There was some guy up ahead who was on his cell of somehtingt and kept swerving so we went around him. I really thought it would be better to get around him fast so we dropped back a little and I punched it. The bad luck is that there was a cop on the side of the road right where the other car was about the time we passed him so I didn’t see. Then the cop stopped us and basiclly gave us a bunch of shit for being “rich kids” and was a total tool. I told him that we were just trying to get around the guy and that HE is the one who was driving bad. He walked back to his car and came back with a ticket for me. Isn’t that a defense that we were having to go around the other driver?
Short answer – Probably not a defense. There are defenses of necessity that apply to traffic infractions, but they usually require a medical component. Essentially, more harm would have occurred by following the rule. If that case can be made here, it might be a defense. Otherwise, it may be seen as mitigation in sentencing.