Fighting a Stop Sign Ticket
A general rule of thumb, that has been taught to new drivers, but not defined by law to to stop and then count 3 seconds (1 Mississippi, 2 Mississippi, 3 Mississippi) and if clear go. views. Oct 10, · In most states, the stop sign statute will—in a longwinded way—say that when approaching a stop sign, you must come to a complete stop before reaching the closest of a stop line, the crosswalk, or the intersection itself. So, when you're arguing your case in court, keep in mind how the offense is defined.
By John McCurleyAttorney. Depending on what state you live in, this burden falls on the shoulders of either a prosecutor wtop the officer who issued the citation. Stop sign laws are relatively straightforward. However, there are still defenses that can work. To assess whether the government can prove the violation, it helps to know how the violation is defined. Every state has laws that specify what drivers must do when approaching a stop sign.
These laws differ somewhat by state. Read about the stop signs laws specific to your state. Compared to some other traffic violations, there are probably fewer available defenses for fighting a stop sign ticket. For instance, read about fighting a speeding ticket. However, the defenses that can work usually fall into one of following categories. But for an officer to be certain about what happened, the vantage point is important.
Positioning or legibility of the sign. The standard that applies here is whether an wtop, observant person would have been able to see and read the sign. Again, bringing proof in the form of videos, photographs, and maps can be useful to establish this defense in court. Occasionally, emergency situations require drivers to go through a stop sign. But in many in cases, your chances of winning at trial are slim.
However, if you decide against fighting your citation, you may still have some decent options. Traffic school. For eligible motorists, traffic school can be a good option for dealing with a stop sign ticket. By completing traffic school, stoop motorist can avoid traffic violation points and usually save some money. Plea bargaining. Sometimes, plea bargaining is possible in traffic cases. The idea is to reach an agreement that allows you to enter a plea to a violation that carries less serious consequences than a stop sign violation—meaning, an offense what happened to the salton sea a lower fine or point value.
Fine reductions. In most jurisdictions, judges have some leeway with fine amounts. Read more about options for dealing with a traffic ticket. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Jan 21, · "Stop" or "stopping": (A) When required, means complete cessation from movement; or (B) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
I am a Los Angeles lawyer so I do not know the traffic laws of Georgia. However, we here in California have what's called a "California roll" no, it's not sushi!
Did you have an eye-witness? Traffic trials are very difficult to win, because generally you have no right to a jury trial and so a bench officer will hear your matter. Even though the cop has the burden of proof beyond a reasonable doubt, the court will most likely rule in his favor.
I would hire a lawyer to negotiate for what's known as a "coasting" in California. This carries no points and will not affect your insurance. In California, if the Officer doesn't show up to court this results in an automatic dismissal. Good luck! Victoria Clemans, Esq. According to Georgia traffic law, stopping is: "Stop" or "stopping": A When required, means complete cessation from movement; or B When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
Usually, when an officer sees a 'rolling' stop, they will issue a citation because its purely their word v. Rarely will they have video rolling, although I have pulled video in cases before from the officer's police cruiser to disprove their view.
If your going to try to keep the points off your license for a moving violation, you would want to at least consult with an attorney and make your final decision from there. First, let me state that I am a Traffic Ticket Attorney in Texas and make no claims to know the laws in your state. I will answer your question, as if your case arose in Texas, but I strongly encourage you to ask an attorney in the jurisdiction were the case is pending. It sound like you want to plea not guilty and have a trial.
I would just ask you to reflect on a few questions: 1. Have you read the actual statute that you are being charged with violating? Are you aware of any legal defenses to your case?
Have you thought about what witnesses to call on your behalf? Have you thought about the relevant questions you will ask them, that will aid your defense? Have you thought about the witnesses the State will call against you?
And if so, is it better for you to question them or just pass the witness and ask nothing? There are many many more questions you need to think about. I would strongly encourge you to be honest with yourself. Most people are not.
It is the rare non-attorney that can. Frankly, most good lawyers cannot even represent themselves well. My best advise if you want to go to trial: hire an attorney that practices in the court your case will be heard and that works primarily with traffic tickets.
If you have found my answer helpful, please give me a thumbs up. I would never advise you to just pay it as it may harm your driving record or cost you more money than may be necessary. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Asked in Decatur, GA Jan 21, Saved Save. The officer said I didn't stop at the stop sign. When I said I did, he states it was not a complete stop. He said I didn't stop because my wheel was turned. Criminal defense Traffic tickets Moving violations Traffic ticket penalties Driving record Traffic tickets and car insurance rates Show 3 more Show 3 less.
Ask a lawyer - it's free! Browse related questions. Sponsored Listings. Victoria L Clemans. Licensed for 17 years. Posted on Jan 21, Evan A. Reveal number tel: Private message. Posted on Jan 22, John Francis Byno IV. Avvo Rating: 7. Posted on Jan 26, See all advice on Traffic tickets. Post a free question on our public forum. Ask a Question. Search for lawyers by reviews and ratings. Find a Lawyer. What determines Avvo Rating? Disciplinary information may not be comprehensive, or updated.
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