While eating in a local tavern, the battery in David's Honda Prelude was stolen. Upon finishing his dinner, David returned to his car and attempted to start the car.Two police officers, who were seated across the street, approached the vehicle and charged him with attempting to drive at night without headlights, which was against local ordinances.

David's best defense against the charge would be?

1. mistake of fact

2. factual impossibility

3.entrapment

4.lack of requisite intent

Explain Answer.