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  1. #1
    Join Date
    Apr 2011
    Posts
    26

    Default Failure to Stop at Stop Sign in Washington

    My question involves a traffic ticket from the state of: Washington
    I got pulled over after going through an intersection with stopsign.
    The code was : RCW 46.61.050 - Failure to stop at stop sign
    It's a intersection I go through frequently. so I know there is a stop sign.
    I told the officer that I felt I did stop, there was no other cars or anybody there.
    He said I slowed down but not stopped completely. He did felt it was a very light traffic intersection, however there was a complaint on driver not stopping and yielding to bicyclist. so that's why he was there.
    Any advice would be greatly appreciated.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Stop at Stop Sign in Wa

    Whether or not there were cars present is immaterial. The obligation is to stop anyhow. Your "feeling" that you stop will not overrule his testimony that you rolled the stop. Stop sign means complete cessation of movement, then yielding to other traffic, then proceeding.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Failure to Stop at Stop Sign in Wa

    I agree with Ron. Other traffic has nothing to do with it. If you want to contest it, about the only way is to submit a discovery request and hope there is a discrepancy in the officer's sworn statement -- for example, I've seen a case where the officer simply forgot to state his own location. The judge dismissed it when the defendant testified that the officer could not see that the car DID stop and then pull forward to get a better view, rolling on through when he saw it was clear.

    Barry

  4. #4
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    Base on what I've read. It's best that I contest and submit a discovery. Since the worst is still a ticket. Right?
    Thanks guys.

    Joe.

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Failure to Stop at Stop Sign in Washington

    That's what I usually recommend. Have you read through this thread? It should help you with the procedures.

    Barry

  6. #6
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    barry,
    I did read that article. very helpful.
    I want to know that if a deferral is offered on the pre-hearing and by not accepting it then, can I still get deferral at trail if I were to loose the case.
    And how do one SERVE the request on the prosecutor and FILE a copy with the court.
    Do I go in person or mail a certify letter.
    thanks for your help.


    Joe.

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Failure to Stop at Stop Sign in Washington

    Some jurisdiction will take a deferral "off the table" if you elect to proceed with a hearing. MOST jurisdictions do not allow a deferral once the hearing BEGINS. In other words, you cannot be found guilty and still ask for a deferral (actually I've seen ONE judge grant it after finding the defendant guilty -- but the odds are pretty small). Some jurisdictions don't allow a deferral if you subpoena witnesses (that removes the ability to subpoena the officer, and, if he/she shows up, simply ask for a deferral -- if they don't show you get a dismissal).

    If you saw the link to the discovery form, download it. It contains instructions and a sample.

    Barry

  8. #8
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    Barry,
    From what i've read, I'm guessing I can't get a discovery before the pre-hearing.
    Right? So, it would be better to take the deferral. Since i have not have one. Than take the chance at trail.
    thanks for the help.

  9. #9
    Join Date
    May 2008
    Posts
    582

    Default Re: Failure to Stop at Stop Sign in Washington

    It couldn't hurt to talk to a few traffic attorneys to see if you have reason to contest the ticket. I had a similar ticket recently and there were some significant errors on the ticket. It should have been enough to dismiss the ticket, but they wouldn't. I wound up hiring an attorney and he was able to get it dismissed for me.

  10. #10
    Join Date
    Apr 2011
    Posts
    26

    Default Re: Failure to Stop at Stop Sign in Washington

    Has anyone had success or input on contest your infraction by mail.?

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