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  1. #1
    Join Date
    Feb 2012
    Posts
    10

    Default Citation for "Rolling Stop" Leaving a High School Parking Lot

    My question involves a traffic ticket from the state of: Kansas.

    Senario: It's 11 o'clock in the morning, and I'm leaving my highschool to go to another building, I'm pulling out of the parking lot, onto a small side road, where there are no cars in sight. As of right now, I can't remember if there is or isn't a stop sign there (I'll go back and check tomorrow), but I slowed down (still in second gear, I drive a stick so I didn't want to fully stop, shift to first, then take off again, I'm lazy I guess). So I'm slowing down, look both ways, then I pull out. About 100 ft later is a 4 way stop. I was the 3rd driver to the intersection so I completely stopped and waited for my go. As soon as I pulled through the intersection, sure enough, a cop is behind me.

    I was issued a citation for Ordinance 12.04.080 :: "Driver's Failure to Stop Vehicle Before Emerging from Alley/Building/Private Roadway/Driveway". The cop told me I usually wouldn't have been required to show up in court, but of course (my luck) my insurance card expired on the first of Februrary. Now I have current insurance on the vehicle, but I guess I forgot to put it in my car. Because of that, is why I need to show up in court, and he said you can "take care" of the main citation as well.

    Question: As I will already be requried to show up to court, is there a way out of the ticket? Or at least lessen the fine? I mean, according to a site I found, its a $121 ticket, and a moving violation. This is my first time ever being pulled over, I'm a great student, and usually always drive safely. This is not at all the way I imagined being first pulled over. People regularly peel out of our highschool parking lot, and it just is my luck that not making a full stop gets me busted. On top of that, will I have to pay another fine because I didn't have current insurance on me when I was pulled over even though the vehicle has been totally covered?

    Finally: I guess I'm going to rant a little, but I am a great student, I have a 4.0! And there are kids in my school who deal drugs daily, and do stuff far more illegal than a (practically) harmless rolling stop, and yet our tax payer dollars (yes I do pay taxes as a kid in highschool), go towards busting me for this. I was so sure I was just going to get a warning. I'm not at all a sketcky looking person, I was driving slow and carefully, I don't own a radar detector, and my music was barely on (playing Red Hot Chili Peppers as well). Hmm. As far as I'm concerned, this cop must have been pissed because when he pulled up my name, and it showed a perfectly clean record (granted I've only been driving for 2 years), he just had to be that guy and fine me practically a whole week of work (for me) for a freaking rolling stop. I'll throw in that I drive a burnt orange 350Z... A pretty flashy sportcar. All the more reason he pulled me over I'm sure. Plus, I really don't need any points on my license for such a harmless infraction.

    Also!: My dad said because the actual citation doesn't mention stop signs, this is practically an ill-enforced citation. Read it carefully... if everytime you pulled out of your own driveway onto a street, even though theres no stop sign, your required (by this ordinance in Kansas) to fully stop. If this was fully enforced, every driver in Kansas would have a ticket. Is this at all a good arguement when I go to court?

    Thanks for the help guys. I'm super nervous of my insurance sky rocketing because of this...

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

    Default Re: Citation for "Rolling Stop" Leaving a High School Parking Lot

    The traffic laws do not get suspended for 4.0 students. Get that chip off your shoulder. The fact that other people are getting away with things doesn't obviate you from following the law. It matters not what other drivers do, if there is a stop sign, or you're entering a highway from a private road or driveway you must stop.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Citation for "Rolling Stop" Leaving a High School Parking Lot

    Also!: My dad said because the actual citation doesn't mention stop signs, this is practically an ill-enforced citation. Read it carefully... if everytime you pulled out of your own driveway onto a street, even though theres no stop sign, your required (by this ordinance in Kansas) to fully stop. If this was fully enforced, every driver in Kansas would have a ticket. Is this at all a good arguement when I go to court?

    12.04.080 Emerging from Alley or Private Driveway or Building.
    The driver of a vehicle emerging from an alley, building, private road or driveway within a
    business or residence district shall stop such vehicle immediately prior to driving onto a
    sidewalk or onto the sidewalk area extending across such alley, building entrance, road or
    driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be
    entered where the driver has a view of approaching traffic thereon.
    (History: K.S.A.8-1555; Ord. TC-1260 §79, 84)
    See: 12.04.002 & 12.04.060
    so, yes, every time you exit your own driveway, you must come to a complete stop before entering the public right of way, even if there is no stop sign.




    btw: many states do have a requirement that a person actually come to a complete stop, just as if there was a stop sign, when entering a public roadway.

    You can always try to claim ignorance of the law but since you have a 4.0, I suspect the judge will not believe such a smart kid is simply ignorant of the traffic laws of your city and state.

  4. #4
    Join Date
    Feb 2012
    Posts
    10

    Default Re: Citation for "Rolling Stop" Leaving a High School Parking Lot

    Thanks for the reply there. So my dad made some phone calls, and apparently he got it to a point where all I need to go is go talk to the prosecutor, pay double the fine, and they'll change it from a "Moving" violation to some non-moving violation. This keeps it from being reported to the insurance company (or my insurance would sky rocket), plus I won't get any point on my license. At the end of the day, I assume it'll cost me $250, but I still feel like I need to fight this. Yes, I may be wrong, and I did roll the stop, but isn't there some plea of a poorly-enforced law? Like you proved with your quote, I feel like there's a way I could lessen it. Would traffic school help?

    I mean, maybe I'm talking to myself here, but I was probably rolling all of 5mph, no cars anywhere in sight (turns out I learned the cop was sitting in the visitors lot of our highschool looking down (the parking lot is kinda raised on a hill) on both the school entry/exit and a nearby 4 way.) and now its going to cost me $250 for something so trivial. Hmm. Sorry, you can tell I'm in total denial here.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Citation for "Rolling Stop" Leaving a High School Parking Lot

    Time to put on your big boy pants. You are behind the wheel of a 2 ton machine.

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