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Old 05-21-2014, 06:13 PM   #1
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Default Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

About an hour ago on my way home, I pass through a 4-way stop that I go through every single day. I'm a pretty cautious driver because something serious would affect my employment and I don't speed because I don't believe it gets you anywhere significantly faster. Never had a citation in my life before.

At any rate, there was a moped in front of me as I approached the stop sign. The moped scooted about 2 lengths of the moped in front of me and came to a stop while I came up behind him and stopped (at the actual line) then crept forward looking left and right then cross the intersection.

After 30 seconds, I heard a siren and noticed the lights behind me. A 4'7" policewoman tells me I rolled through the stop sign and asked if I was distracted or in a hurry, which I was not. I told her I'm certain I stopped and have never been issued a traffic violation in my life and that I go through that intersection 2 times a day. She issued a $153 citation.

Do I have any chance in hell of fighting this in court or just pay up? It's only $153, but I can find a lot of other things to throw that cash at.

Any thing I should do to prepare myself in fighting it? Photos of intersection? Check to see if line is well painted? Obstructed at all?

Or am I pissing my time away and the one wearing the badge is always going to be right?
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Old 05-21-2014, 06:22 PM   #2
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

Quote:
Originally Posted by ColaCock View Post
About an hour ago on my way home, I pass through a 4-way stop that I go through every single day. I'm a pretty cautious driver because something serious would affect my employment and I don't speed because I don't believe it gets you anywhere significantly faster. Never had a citation in my life before.

At any rate, there was a moped in front of me as I approached the stop sign. The moped scooted about 2 lengths of the moped in front of me and came to a stop while I came up behind him and stopped (at the actual line) then crept forward looking left and right then cross the intersection.

After 30 seconds, I heard a siren and noticed the lights behind me. A 4'7" lady policewoman tells me I rolled through the stop sign and asked if I was distracted on in a hurry, which I was not. I told her I'm certain I stopped and have never been issued a traffic violation in my life and that I go through that intersection 2 times a day. She issued a $153 citation.

Do I have any chance in hell of fighting this in court or just pay up? It's only $153, but I can find a lot of other things to throw that cash at.

Any thing I should do to prepare myself in fighting it? Photos of intersection? Check to see if line is well painted? Obstructed at all?

Or am I pissing my time away and the one wearing the badge is always going to be right?
Well you can do a few things. First of all, how many notes did she write down on the ticket? Are they pretty sparse?
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Old 05-21-2014, 06:29 PM   #3
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by trapper82 View Post
Well you can do a few things. First of all, how many notes did she write down on the ticket? Are they pretty sparse?
Only notes besides filling in the required information was "failure to stop at stop sign."
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Old 05-22-2014, 12:20 PM   #4
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by ColaCock View Post
Only notes besides filling in the required information was "failure to stop at stop sign."
Well that being the case, you may want to go with this:

Quote:
You Stopped Farther Back
Most statutes say you must stop at the limit line, crosswalk, or entrance to the intersection. Practically, this means you must stop slightly before you reach this line. Some conscientious drivers, however, stop farther back from the white marker line or crosswalk. In these cases, an officer hiding behind a bush 50 feet down a side street might not be able to see whether the driver stopped or not.
To mount this defense, first request a copy of the officer's notes. Then go back to the scene of the ticket and take pictures from exactly where the officer was sitting. Especially if you can document a visual obstruction—and convincingly testify you did stop—this defense is often a winner. Of course, it's a big help if you can produce a passenger or other witnesses who will sign on to your version of the facts.
Since the police officer put nothing about her location, you can focus on where she actually pulled you over. If you know roughly where she came from, you can take pictures of obstructions around the line itself and show that you actually stopped behind the line, just further back where her vision was obstructed. Again, you want to take PICTURES from various angles, especially if you can find out what angle she was coming from. Then, highlight you go through that intersection twice a day, every day and you've never received a traffic violation.

This defense does a few things:

1. Let's the cop off the hook with a legitimate reason that she could not see where you stopped. Some jury members feel much more comfortable making that ruling, rather than just saying a cop was flat out wrong or lying. You are giving the jury an "out" that is much more comfortable for them.

2. Since the police officer did not document where she was or what view she had on the ticket, you can pretty much take pictures from the general direction she was coming and point out EVERY single obstacle from that direction that could have obstructed her view. If you are a fan of the movie My Cousin Vinny, think of the scene where he takes pictures out of the guy's window and then brings up all the stuff that stands between his view and the Sac O' Suds: This dirty window, this crud covered screen, several trees and 7 bushes covered in all these leaves.

3. It's like the actual thing that happened, so there is always that added benefit.
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Old 05-21-2014, 06:24 PM   #5
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

http://www.wikihow.com/Fight-a-Traffic-Ticket

This pretty much covers it. Remember that the 6th amendment gives you the right to a fair and speedy trial, so if you do request a trial and they have to keep putting it off the whole thing may get thrown out.
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Old 05-21-2014, 06:42 PM   #6
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

I got one of those here. total bs. where the cop was sitting he couldn't even see the intersection. I would have had to stop in the intersection. I went to court and there were 7 other people there with the same citation and all but 1 of us requested a trial saying the same thing. That we stopped and the cop couldn't even see the actual line. When the judge asked if anyone wanted a jury trial all our hands went up and the judge asked what we are actual citations were. When everyone of us said the same thing he threw them all out. The cop was pissed it was the only time I can think of being happy with the City of Columbia.
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Old 05-21-2014, 06:55 PM   #7
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

A 4'7" policewoman

What is the relevance?
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Old 05-21-2014, 07:19 PM   #8
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by TheUSCMike View Post
A 4'7" policewoman

What is the relevance?
Eh, I was going to go off on a tangent there regarding her possible distance away from seeing my vehicle and her ability to see over the steering wheel. Figured it wasn't important enough to make a difference.

Also, I've seen more female cops in this area than any in my life...I see more women than men it seems.
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Old 05-22-2014, 12:56 AM   #9
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by TheUSCMike View Post
A 4'7" policewoman

What is the relevance?
Maybe that she was a bitch. Just throwing that out there for all of us guys not ballsy enough to say what she really was.
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Old 05-22-2014, 11:28 AM   #10
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by TheUSCMike View Post
A 4'7" policewoman

What is the relevance?
She sounds hot. That's relevant
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Old 05-22-2014, 11:33 AM   #11
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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She sounds hot. That's relevant
A little spinner type... nice!
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Old 05-21-2014, 07:11 PM   #12
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

Yeah, go to traffic court over that... You have a good chance of getting that overturned
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Old 05-21-2014, 08:22 PM   #13
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

I've never felt like I had a fair shot in traffic court. THe cop is there every month and knows the judge. Have never felt like a "fair" trial was going to take place. If anything they may reduce the fine if you show up.
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Old 05-21-2014, 08:27 PM   #14
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

HP will probably cut it in half if you show up at traffic court

city/county you are probably out of luck

her vision was probably obstructed by the dash
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Old 05-21-2014, 08:44 PM   #15
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

Ummm, 153 dollars and six points holmes.
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Old 05-21-2014, 09:00 PM   #16
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Ummm, 153 dollars and six points holmes.
Only 3 points here, but I am not worried about those at all.
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Old 05-21-2014, 09:02 PM   #17
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by ColaCock View Post
Only 3 points here, but I am not worried about those at all.
That's good but why aren't you worried about the points A LOT more than the fine?
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Old 05-21-2014, 09:14 PM   #18
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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That's good but why aren't you worried about the points A LOT more than the fine?
For one, my company is self-insured so no increase on my behalf. I'm in a position where I won't get reprimanded or questioned on this ticket at all. Two, I don't speed or plan on having multiple traffic infractions in the near future...this was my first ever in my life.

So the fine is all I am really concerned about.
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Old 05-21-2014, 09:37 PM   #19
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

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Originally Posted by ColaCock View Post
For one, my company is self-insured so no increase on my behalf. I'm in a position where I won't get reprimanded or questioned on this ticket at all. Two, I don't speed or plan on having multiple traffic infractions in the near future...this was my first ever in my life.

So the fine is all I am really concerned about.
In that case...don't sweat it.
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Old 05-21-2014, 09:17 PM   #20
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Default Re: Fighting a "Rolled Through Stop Sign" Ticket. Worth it?

Yeah the points are a HUGE kick in the nuts.
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