If you are caught violating traffic rules, you will pay fines. Worse enough, you may lose your driving privileges. Surprisingly, an officer can wrongly claim you failed to stop. But you can argue against the claim. However, you must be sure how the officer defined your offense. Usually, when approaching a stop sign, one must come to a complete stop before getting to the closest of a stop line, crosswalk, or within an intersection. It may be difficult to argue your case since the officer will prove to be more experienced than you. What most people do is that they choose to look for a San Diego criminal attorney to fight a stop sign ticket.
Defenses For Fighting A Stop Sign Ticket
For any traffic offense, the officer who issued a citation must prove the offense. For a failure to stop at a stop sign, it must be proved that:
- You drove a vehicle while approaching a stop sign.
- The stop sign was clear on the entrance or within an intersection or before a railroad grade crossing.
- You never came to a complete stop when you approached the limit line, a crosswalk, an intersection, or a railroad crossing.
If the above is proved to be true, you get a conviction. Nevertheless, if you have been found guilty of failing to stop at a stop sign, you can fight your ticket in many ways. Below are some of the most common options you can consider:
- You stopped slightly before the limit line, but the officer was not positioned in a way to see you coming to a complete stop: In most cases, officers are not even aware of where they were positioned. Nevertheless, you need to ask for their notes to see whether they were positioned at the time of the alleged violation.
- The stop sign was concealed: Sometimes, a stop sign may be obscured either by tree branches or any other thing. In other cases, it may not be eligible. For instance, you may show that the crosswalks or limit line was faded. It can greatly help if you take pictures of the obstructions. Photos are great evidence, and you can present them during the trial. You can claim that you failed to stop since the stop sign was not visible, and it will be acceptable.
- The current installation of stop signs: Though this may not hold water, sometimes judges reduce penalties when a traffic violator proves they never knew the stop sign was installed since they regularly travel the route.
Are There Alternatives For Fighting The Stop Sign Ticket?
If you find that chances of winning are slim, you can choose to:
- Have a plea bargaining and have less serious consequences imposed
- Attend traffic school and avoid additional traffic violation points
- Request for a fine reduction
In any way, fighting for your stop sign ticket should not be difficult if you have legal representation. But with self-representation, you may not have it easy. Thus, it’s better to be well prepared to make the right arguments in court.