I approached a 4 way stop, and I know without a shadow of a doubt that I stopped. I waited & proceeded straight through the intersection as there were no cars approaching the intersection from any direction. This happened about 10 pm at night, at an intersection about 3 blocks from my home, so it is an intersection I am very familiar with.
About 10 seconds later, a police officer showed up behind me with his lights on and pulled me over for failing to stop at a stop sign.
I cannot say for certain if his vantage point was in front, beside me (as to the right or left of the 4 way stop) or behind me.
My thinking is perhaps he pulled me over because I did not wait for a full 3 seconds before proceeding.
Is there anything else I could argue to substantiate my plea?
There are always three things to consider:
- Do you need to stop.
- Was there complete cessation of movement?
- Did you stop where the law requires that you stop.
If you can say yes to all three, you should be able to successfully dispute the ticket.
Fail to halt all movement at the place where the law requires and you will not be successful.
You've left it a bit late to begin planning. You should have requested disclosure months ago and went from there.
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thanks for your help!
i do believe i came to a complete stop---does the law require a certain amount of time (ie...3 seconds??) before moving?
should i admit, that i perhaps did not wait LONG enough before proceeding, even though the intersection was clear?
if the officer claims i did NOT stop, and has no video evidence--is it pretty much his word against mine???
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As soon as you have stopped in the correct place, you have complied with the rule. There is no need to remain stopped for any length of time.
If the officer does not have video evidence (which is becoming more and more common to have these days) it is always his word against yours in traffic court.
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