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  1. #1
    Join Date
    Mar 2009
    Location
    SD
    Posts
    4

    Default Stop Sign Violation Citation Discrepancies

    My question involves a traffic ticket from the state of: South Dakota

    I recently was cited for a stop sign violation in South Dakota. I have received 2 tickets in the last 25 years and was guilty on both and paid the fine. However, I am not guilty of this particular violation and not about to let an over zealous cop walk all over me. My story starts here- My kids and I attended a party for my son's cub scout pack at a local pizzeria. I left the party to pick up another kid that needed a ride and was a ten minute drive away from the pizzeria. I drove around the back side of the parking lot and exited by a sports bar. I don't know if the cop followed me from the parking lot or was in hiding by the nearby intersection. This area is a haven for cops waiting to prey on patrons leaving the sports bar. There is only one stop sign on the road I traveled on, and it was at night with no street lights. I have been on this road before and know exactly where the sign is. Approximately 1 mile past the stop sign while traveling at 25mph the officer pulled me over. The officer proceeded to grill me and ask me numerous questions. I told him I did not come from the sports bar but from the pizzeria. He wanted to know where I was going and who I was picking up and where did this person live. I told the officer everything he wanted to know and told him I needed to get on my way back to the party as my son and the rest of the pack were celebrating there crossover into boy scouts. He proceeded to take his time and wrote me a ticket for something I did not do. So basically it is his word against mine. The sad part is what was supposed to be a 10 minute trip turned out to be 45 minute interrogation and missed out on most of the pizza party. The cop was a real young guy and was probably hoping to earn brownie points by nailing patrons coming out of the sports bar. Of course, the county gets more money for DUI offenses than speeding or a stop sign violations. I think that it is pretty bogus that an officer can pull you over for fictitious reasons just to see if you have been drinking. When I got home I looked over the ticket and saw he wrote down an intersection that doesn't exist. The officer wrote down 2 streets that run parallel to each other and don't intersect. So how can I be ticketed for a stop sign that doesn't exist at an imaginary intersection?

    Today was my first day in court and plead not guilty. I have to go back in a few weeks for a Dispositional Conference. What exactly is a Dispositional Conference and what must I do to prepare? Also is the officers mistake on a fictitious intersection grounds for dismissal? Any suggestions or advice is most appreciative!

    This is what I've done so far. I photographed the intersection and the signs. Also have printed various maps showing the route I took and the two roads that the officer listed that run parallel.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,854

    Default Re: Stop Sign Violation Citation Discrepancies

    If you were cited for running a stop sign at an intersection that does not exist, point that out to the court. Bring a map, or print-out of the streets from a service like Google Maps, so you can document that the roads don't intersect.

    How did you photograph the intersection, though, if it doesn't exist?

  3. #3
    Join Date
    Mar 2009
    Location
    SD
    Posts
    4

    Default Re: Stop Sign Violation Citation Discrepancies

    Quote Quoting Mr. Knowitall
    View Post

    How did you photograph the intersection, though, if it doesn't exist?
    LOL! Very nice. There are 3 stop signs on this entire road that runs approximately 1.5 miles. There are stop signs on both ends of the road and 1 stop sign in the center. I entered the road at around the 1.2 area off of the parking lot exit. The only stop sign along my route is the one in the middle as I never made it to the end of the road before the officer pulled me over. I photographed the only stop sign intersection along my route as I am assuming that is the one the officer was talking about. Even when I asked the officer what stop sign I supposedly blew, he told me the names of the 2 streets he wrote on the ticket. I have copies of Google maps, Yahoo Maps and a city map and none of them correspond with what is wrote on the ticket and the street sign at the intersection.

    Do you happen to know what a Dispositonal Conference is and what to expect on my second visit to the courthouse? Also if they offer me a lesser sentence do I take it or battle to the end? A stop sign violation is 3 points in my state. Also I just applied for a job that I must drive a company vehicle and can't have any current violations on my driving record.

  4. #4
    Join Date
    Mar 2009
    Location
    SD
    Posts
    4

    Default Re: Stop Sign Violation Citation Discrepancies

    UPDATE: I attended the Dispositional Conference yesterday and was hoping to have the luck of the Irish on my side. The room was packed with other presumed violators of the law and some felons in shackles. I met with one of the States Attorneys before the judge took the bench. I told the attorney my account of the incident. He explained to me that if I proceeded with this I would have to come back a 3rd time and would not win as the judge and states attorney always believes the officer. He offered me a plea of just paying $40 of the $104 fine, but the violation would still be on my record along with the 3 points. I then pulled out my highlighted maps and photos and compared them to the officers mistake on the citation. The attorney then left the area to have a conversation with the clerk and returned to tell me my case was dismissed. I guess it pays to gather as much information as possible and fight it to the end.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Re: Stop Sign Violation Citation Discrepancies

    Absolutely. Being prepared is key to winning in court. Congratulations and thanks for the update.

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