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Is it a Defense to Failure to Yield that Stop Sign and Stop Ahead Sign Were Blocked

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  • 09-13-2011, 02:00 PM
    Rocheforte
    Is it a Defense to Failure to Yield that Stop Sign and Stop Ahead Sign Were Blocked
    My question involves a traffic ticket from the state of: Mississippi

    Hi everyone!

    I was recently issued a citation for failure to yield at a stop sign. I wish to contest this citation because not only was the STOP sign blocked by a combination of hedges, tree branches, and leaves, but the STOP AHEAD sign was also obscured by tree branches and leaves. I have taken several photos and a video of both traffic devices within an hour of being issued the citation. There aren't any other devices such as paint on the road cautioning of a stop sign ahead. I'm willing to plead my case to the court, but this is my first time I've ever needed to be in a courtroom, and I have no idea how these legal proceedings go. In addition to my initial question of whether to contest the citation, generally how expensive are court fees and will I need to pay them regardless of the judgment? I would also greatly appreciate any insight from people who have dealt with these situations before and could offer some help. Anyways, thanks for giving me a read and I hope to hear from you guys soon!
  • 09-13-2011, 02:16 PM
    davidmcbeth3
    Re: Should I Plead My Case if the Stop Sign and Stop Ahead Sign Were Blocked
    the MUTCD requires that the sign be visible. The "stop ahead" sign is not required so it means nothing. Take pics , lots of them. The officer will testify the sign is not obstructed, then its up to you...check the height of the sign too , should be 5 ft off the pavement level.
  • 09-14-2011, 11:02 AM
    Mr. Knowitall
    Re: Is it a Defense to Failure to Yield that Stop Sign and Stop Ahead Sign Were Block
    That the "stop ahead" sign was blocked may be helpful, but the real question is whether the stop sign itself was blocked. It is possible that pictures and videos showing that the stop sign was blocked could help; obviously we have no information about the intersection beyond what you tell us - are other drivers typically spotting the sign and stopping?
  • 09-15-2011, 07:33 PM
    Rocheforte
    Re: Is it a Defense to Failure to Yield that Stop Sign and Stop Ahead Sign Were Block
    This was my first time on the road, so I'm not entirely sure if this is a common road for that stop sign to be missed. I've asked several colleagues about this stop sign specifically, and most them say that it is definitely a hard sign to notice unless you're driving well under the speed limit (30 mph). Of course, these are statements of opinion, and I think it would be helpful to have something more substantial should I take the case to trial. Are there any resources available that would maybe have statistics on this particular road or stop that are readily available? I can't imagine that I'm the only one that's had an issue with this sign.
  • 09-16-2011, 09:16 PM
    davidmcbeth3
    Re: Is it a Defense to Failure to Yield that Stop Sign and Stop Ahead Sign Were Block
    you could either a) see the sign or b) could not. There is no statistical data to show that, its not a matter of stats.

    I take it that the sign was actually visible & you just missed it? this happens. is the sign properly posted? I have asked this w/o a response, just figure to mention it again.
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