Legal Definitions - Mistake of Law

Definition: Mistake of Law refers to a situation where a person misunderstands the legal effect of a factual situation. It means that a person is not aware of the law or has a wrong understanding of it.

For example, if a person is caught driving under the influence of alcohol and claims that they did not know it was illegal to drink and drive, it is a mistake of law. However, this defense is not usually accepted in court.

One exception is when a person relies on a misstatement of the law in a statute, judicial opinion, or official statement from an executive officer. For instance, if a person is charged with a crime that they believed was legal because of a statement made by a government official, they may be able to use the mistake of law defense.

Overall, a mistake of law is not a reliable defense in most cases, and it is essential to have a good understanding of the law to avoid legal consequences.