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Failed to Stop at Stop Sign and or Failed to Yield to Vehicle After Stopping at Sign

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  • 10-29-2011, 10:46 AM
    Teleguva12
    Failed to Stop at Stop Sign and or Failed to Yield to Vehicle After Stopping at Sign
    My question involves a traffic ticket from the state of: Pennsylvania. I was driving home at night when I came to a stop sign, I really thought I stopped. So I pulled out in front of a car. This car happened to be a police car, which I didn't notice at night.about 10 sec later he pulled me over and said I didn't stop at a stop sign, he said it was a rolling stop. But on the ticket it said i didnt stop or yield and or yield to the car. So which one am I being charged for? My fine came out to be 110$. Will I get any points. And he said I can take it to trial because he has a recording. This was my first offense and I really felt like I stopped, is it even worth going to trial and if I do loose can my fine become larger? Thank you, for all your help.
  • 10-29-2011, 02:21 PM
    That Guy
    Re: Failed to Stop at Stop Sign and or Failed to Yield to Vehicle After Stopping at S
    Quote:

    Quoting Teleguva12
    View Post
    I really thought I stopped.

    This doesn't sound too convincing... I guess that is why he's claiming you never stopped but rolled through instead.

    Quote:

    Quoting Teleguva12
    View Post
    So I pulled out in front of a car.

    By that, you mean that at the moment you think you stopped and drove into the intersection, he was in the intersection already?

    If so, then this maybe why he's claiming you failed to yield...

    Quote:

    Quoting Teleguva12
    View Post
    This car happened to be a police car, which I didn't notice at night.

    Regardless of what kind of car it was or who was in it... Did you notice at all if it was stopped at his stop sign before you got there?

    Quote:

    Quoting Teleguva12
    View Post
    about 10 sec later he pulled me over and said I didn't stop at a stop sign, he said it was a rolling stop. But on the ticket it said i didnt stop or yield and or yield to the car. So which one am I being charged for?

    well, you can simply look at the code section on your citation, look for it by number here: Pennsylvania Consolidated Statutes - Title 75 -Vehicle-, and read what it says.

    If I were to take a guess, I'd say you were cited for:

    § 3323. Stop signs and yield signs.
    (a) Intersections controlled by signs.--Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in section 6124 (relating to erection of traffic-control devices at intersections).
    (b) Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons authorized to direct, control or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if no stop line is present, before entering a crosswalk on the near side of the intersection or, if no crosswalk is present, then at the point nearest the intersecting roadway where the driver has a clear view of approaching traffic on the intersecting roadway before entering. If, after stopping at a crosswalk or clearly marked stop line, a driver does not have a clear view of approaching traffic, the driver shall after yielding the right-of-way to any pedestrian in the crosswalk slowly pull forward from the stopped position to a point where the driver has a clear view of approaching traffic. The driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time when the driver is moving across or within the intersection or junction of roadways and enter the intersection when it is safe to do so.
    (c) Duties at yield signs.--The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering a crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering. After slowing down or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time the driver is moving across or within the intersection of roadways. If a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign, the collision shall be deemed prima facie evidence of failure of the driver to yield the right-of-way.


    So you "shall stop", then (shall yield) to pedestrians in the process of crossing, then you "shall yield" the right of way to any vehicles that do not have to stop (no stop sign in their direction) or that arrived at the intersection before you made your stop, or vehicles already in the intersection when you arrived and made your complete stop! You can be found guilty of this statute if there is sufficient evidence that you violated one or the other requirements, or both.

    Sounds to me like his claim is that you not only did not stop (but rolled through), but that you failed to yield to him in some way. And while you don't sound too sure of whether you stopped o not, you sort of freely admit to the failing to yield element.

    Whether you decide to fight it or not, that, is ultimately up to you! If he has a tape of you rolling through, that will obviously confirm his version and refute yours. If he does't have a tape, then it boils down to your word against his.... That may not work in your favor either.

    Quote:

    Quoting Teleguva12
    View Post
    Will I get any points.

    Failure to stop at a Stop sign in violation of section 75-3323(b) carries "3 violation points" (See page 2 of the THE PENNSYLVANIA POINT SYSTEM FACT SHEET.

    Quote:

    Quoting Teleguva12
    View Post
    if I do loose can my fine become larger?

    You'll have to call the court on that one. In some states, and upon conviction after a trial you will be required to pay court costs on top of the penalty for the actual violation. In others, you do not!
  • 10-29-2011, 02:26 PM
    Teleguva12
    Re: Failed to Stop at Stop Sign and or Failed to Yield to Vehicle After Stopping at S
    Okay thank you for your help.... And yea I don't sound convincing now because I was having second thoughts maybe I did do a roll stop the way he described it i don't know...
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