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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Exclamation Disregarding a Stop Sign

    My question involves a traffic ticket from the state of: MI (Marquette County)

    I received a disregard to a stop sign ticket back in the end of August which was my first time EVER being pulled over. I was surprised when he gave me a tickets since it was my first time. Well I found this site and used it for the informal hearing which sad to say didnt work out and i was found guilty. I paid the fine and requested a formal hearing because i read in multiple places that it would be beneficial to do that a hope that i can either plead for impeding traffic or just get it thrown out on my good previous record. Well i got my formal hearing and noticed that the Prosecutor's phone number is on there and was wondering if I can just call them and see if i can get it thrown out or something like that. i did read that the prosecutors are normally apt to deal since they have more important things to deal with than traffic stuff so wondering what the best course of action would be. Any help would be awesome!

    Thanks

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Disregarding a Stop Sign

    You have a tough one to beat. You can check your state statues and see if the following apply:

    1) need for a traffic survey & if so, was one done (you'll need a FOIA request to show one was not done because this is an affirmative defense -- one you have to prove)

    2) is the sign posted correctly? If in a town, it must be 5ft off the pavement (pavement to bottom of sign) -- this too is an affirmative defense

    3) first ticket? not a defense & no, not likely that they will not just say "forget about it"

    4) can you show that the sign was obscured from your vision of the officer's viewpoint -- again, an affirmative defense


    If the officer says he saw you & the sign & you did not stop then that is, in 99% of cases, enough to convict.

    Have no idea what facts were presented in your first hearing .. you may have presented a good defense & still lost

  3. #3
    Join Date
    Dec 2011
    Posts
    2

    Default Re: Disregarding a Stop Sign

    I am more wondering if i could call the prosecutor to try and make a deal like impeding traffic or if i have to go through the entire hearing?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Disregarding a Stop Sign

    Quote Quoting chuck10553
    View Post
    I am more wondering if i could call the prosecutor to try and make a deal like impeding traffic or if i have to go through the entire hearing?
    Go ahead and call ... it won't hurt ... I doubt it would help either but nothing ventured nothing gained.

    You may have to go to the hearing and talk before trial.

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