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  1. #1
    Join Date
    Jan 2012
    Posts
    9

    Default Re: Stop Sign Violation at an Intersection with Traffic Signal

    Is this a pretty sure thing? Do you all feel pretty confident that I will be able to get out of this? I will need to take time off work to fight this and that will be significantly more financial expense for me than the cost of paying this ticket. I want to fight it because right is right and I know I didn't commit the offense. But if the Judge says the officer made a simple mistake and the citation still stands (or something like that) I will just save myself the effort now and pay the $124. So to the people that have done this or watched these types of things in court, what is your opinion? Is this a pretty sure thing? 50/50?

    Thanks again

  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Stop Sign Violation at an Intersection with Traffic Signal

    I would say this has a 99% success rate. If there's a prosecutor and he amends the ticket, I would say you still have a 95% success rate. But he would need to amend the ticket to lose that 4%.

    Use Barry's motion. Except I might change it to (don't give away the statute for the prosecutor...make them look it up):
    "Your Honor, I move to suppress the officer's statement, as it is the wrong statute. The statute in question states 'It is unlawful for any person operating any vehicle when entering any intersection determined, designated, and bearing the required sign to fail and neglect to bring the vehicle to a complete stop before entering the intersection.' There is no such sign at this intersection. I further move for dismissal due to lack of evidence."

    If a prosecutor objects and amends the citation, then I would object saying "Your honor, The prosecutor, as a trained professional, should have been reasonably aware of the officer's mistake and should have given ample notice to this defendant on the amendment of the charge. Without notice, I am unable to adequately prepare a defense. I object to any amendment of the infraction as it prejudices my rights."

    In which case, the Judge may say something to the effect that he will accept the amendment but will give you time (or a continuance) to prepare a defense. If he does accept the amendment, tell the judge that you are ready to continue with the hearing instead of taking the continuance. Thus, you won't have to go home and spend another day in court.

    After that, "Your honor, I move to dismiss as the officer did not state that I ENTERED the intersection when the light was red. He only states that I CONTINUED through the intersection, which is not prohibited by any law. Furthermore, he never gives his location in reference to my location."

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