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Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign

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  • 09-06-2018, 12:16 PM
    jdanders
    Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    My question involves a traffic ticket from the state of: TX

    I came to a complete stop at a stop sign at the intersection of another road that had the right of way and no stop sign. I let vehicle 1 pass on this road, I then proceeded into the intersection where I was hit on my front left quarter panel by another vehicle traveling behind vehicle 1. I concede the accident was my fault, but I was also ticketed for failure to stop at a stop sign.

    Should I fight this?
  • 09-06-2018, 12:31 PM
    free9man
    Re: Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    It sounds like a failure to yield citation would have been more appropriate. What code section were you cited under?
  • 09-21-2018, 04:45 PM
    jdanders
    Re: Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    Agreed,

    The citation finally posted on the city webpage. I couldn't read the original ticket. Looping up the statute, it is listed as

    Revision: 2014-01-1
    Statute: 00339
    Description: STOP SIGN/NO LINES : MT

    I browsed the El Paso code [here](https://library.municode.com/tx/el_p...2.60.050STSIEQ) and couldn't find a listing for statute 339.
  • 09-21-2018, 05:11 PM
    adjusterjack
    Re: Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    I'm not finding it in the state code either.

    Though the number probably doesn't matter since it can be corrected by the court.
  • 09-21-2018, 05:18 PM
    jdanders
    Re: Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    The full record is here. You'll need to click login, then it should take you to the record.

    https://public.fce.elpasotexas.gov/f...CaseId=5933942
  • 09-21-2018, 06:35 PM
    joef
    Re: Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    It looks like El Paso has a Municipal Code with chapters and sections. It amends the Code by passing numbered ordinances. So 00339 likely refers to the ordinance which amended the Municipal Code regarding Stop signs (and likely other traffic sections). Based on recent ordinance numbers amending the Code, 00339 is likely very old (current numbers are in the 018xx range). The section of the code relevant here is 12.60 and the sections within it. Section 12.60.050 addresses stopping for a Stop sign and is followed by Section 12.60.070 which says -

    No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.

    Even though you stopped, the accident is prima facie evidence that there was not sufficient space to enter the intersection without obstructing the passage of other vehicles.
  • 09-22-2018, 04:12 AM
    Taxing Matters
    Re: Failure to Stop at a Stop Sign vs Failure to Remain Stopped at a Stop Sign
    The reference to 00339 is not a statute number. It is instead simply an internal number they use to reference the violation. I was able to pull up the entire list, and they just number each violation sequentially starting at 00001 and going up. This was the sort of thing that was very common back when computer space was at a premium and using smaller numbers in their own system rather than spelling out the entire statute number, which takes up more digits, saved significant money. It still saves money for cities/counties using legacy systems that are limited. I'd ask the court clerk for the specific state statute or local ordinance that has been charged.
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