Question: I approached a 4 way stop sign, and I know without a shadow of a doubt that I stopped. I waited and 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.
If the officer claims I did not stop and has no video evidence, is it pretty much his word against mine?
Is there anything else I could argue to substantiate my plea?
Stop Sign Law in BC
186 Except when a peace officer directs otherwise, if there is a stop sign at an intersection, a driver of a vehicle must stop
(a) at the marked stop line, if any,
(b) before entering the marked crosswalk on the near side of the intersection, or
(c) when there is neither a marked crosswalk nor a stop line, before entering the intersection, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway.
Points to Consider
There are three things to consider:
- Was there a requirement to stop?
- Was there complete cessation of movement?
- Did you stop where the law requires you to stop?
If you can say yes to all three, you should be able to successfully dispute the ticket.
Amount of Time to Stay Stopped
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, just until it is safe to proceed.
Planning Your Dispute
You've left it a bit late to begin planning. You should have requested disclosure when you decided to dispute the ticket. This will tell you what the officer intends to tell the court about the incident and allows you to prepare a defence or decide not to continue with your dispute.
Video Evidence
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. The court operated this way before giving video evidence was possible.
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