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  1. #1
    Join Date
    Mar 2014
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    1

    Cool Disregarding a Stop Sign Regulation or Yield Sign, NJSA 39:4-144

    My question involves a traffic ticket from the state of: New Jersey

    I was given a ticket for 39:4-144 Disregard Stop Sign Regulation or Yield Sign.
    I was in a residential area approaching an uncontrolled T intersection. As I slowed down and put my signal on prior to turning right I could see a cop pulled over with his headlights on the right hand side of the intersecting street which was to my left as I approached the the T. I made a right turn and did not travel more than 5ft onto the intersecting road when he started to following behind me and lit me up and pulled me over. He gave me a total of 4 tickets.

    39:8-1 Failure to have inspection
    39:8-4 Failure to make repairs
    39:3-33 Improper display/Unclear plates

    When I asked him why he was pulling me over, he stated "because you blew through that stop sign back there."
    The issue is, there is no stop sign or yield sign ANYWHERE on the street I was driving up nor is there any stop or yield sign on the intersecting street. There never has been for at least the last two years that I've driven down that road.
    He totally fabricated the entire reason for pulling me over and proceeded to give me an additional 3 tickets. My car had been inspected and was rejected due to an emission problem. There was a rejection sticker clearly visible on the windshield. When he questioned me as to why the car hadn't been inspected I told him it had been and was rejected and I needed to make repairs and that I had a grace period until the end of the month to do so. He wanted to see the documentation and I told him it was in my home. I really do have the paperwork showing that my car was in a grace period. He proceeded to write the tickets anyway. I went to court yesterday and spoke with the prosecutor. She told me she would throw out the other 3 tickets if I would plead guilty to the Disregard stop/yield sign ticket. She wouldn't look at my pictures clearly showing that there aren't any such signs on that road, anywhere and she was very short and snarky with me. I asked her how much the fine was and she said 400+ dollars. I was shocked. I opted to go to trial because I told her I wasn't going to plead guilty to something I hadn't done. When I got home and actually looked at the fine on the 39:4-144 ticket, it said $85.00. So, basically, she was trying to get me to pay for all of the tickets, even though she said she would throw the other three out. I went back into the court and notified the judge that I wanted to have a trial. I have all of my pictures, the vehicle report showing my grace date for re-inspection which was well after these tickets were issued. I also have the cop on tape telling me he issued me the ticket for "blowing through the stop sign back there" and the sign doesn't exist. I would appreciate any advice, thoughts or opinions as to how to present my case before the judge. I feel it should be a pretty open and shut case, but as many of us know, the judicial system, no matter how right a person is, jades the facts to find a way to make us appear wrong. Thank you in advance for any help any one can or will provide.
    Lisa

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

    Default Re: Disregard Stop Sign Regulation or Yield Sign 39:4-144

    You can feel free to take the stop sign issue to court, but there's no guarantee you're getting out of the equipment violation charges if you do. The standard for making the stop is very slim. The officer's belief there was a stop sign there is sufficient. Further, he can also state that before stopping you he also noted the rejection sticker. They don't need to tell you everything on the side of the road.

  3. #3
    Join Date
    Oct 2013
    Posts
    334

    Default Re: Disregard Stop Sign Regulation or Yield Sign 39:4-144

    Cops need more than "beliefs" to pull you over. They need reasonable suspicion or probable cause, both which are based on evidence, not "beliefs".

    It should be easier for you to provide proof there is no stop sign at that intersection than for the cop to provide proof there is one there.

    You are doing fine so far. Have your paperwork and photographs in order when you return. You aren't dealing with upstanding people, but they do have a hard time ruling against documentation and photographic proof. Good luck.

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Disregard Stop Sign Regulation or Yield Sign 39:4-144

    You can quibble on the wording if you want, but that doesn't alter the fact that the cop thought the kid blew a stop sign, and that's all the articulable suspicion needed for the stop. The cop being mistaken doesn't necessary make the stop invalid. Again, the fact the kid was driving with a REJECT sticker on his car is plenty of justification as well.

    His choices:

    1. Take the plea on the equipment violations.

    2. Fight the stop sign charge in court and argue that the stop was invalid and his knowingly driving an unsafe car on the roads should somehow be excused. If he wants to try that, I'd be sure to have the violations corrected and bring proof so that when he loses, he can try for leniency on that charge if he's not used up all the court's patience by then.

    - - - Updated - - -

    This place where there was no stop sign? What was it. Was it an intersection of two public roads? Was it a T intersection. Note that if it was a place where a stop was required by another statute, the fact the officer charged you with the wrong statute is not going to mean that the stop was invalid.

  5. #5
    Join Date
    Oct 2013
    Posts
    334

    Default Re: Disregard Stop Sign Regulation or Yield Sign 39:4-144

    Quote Quoting flyingron
    View Post
    You can quibble on the wording if you want, but that doesn't alter the fact that the cop thought the kid blew a stop sign, and that's all the articulable suspicion needed for the stop. The cop being mistaken doesn't necessary make the stop invalid. Again, the fact the kid was driving with a REJECT sticker on his car is plenty of justification as well.

    His choices:

    1. Take the plea on the equipment violations.

    2. Fight the stop sign charge in court and argue that the stop was invalid and his knowingly driving an unsafe car on the roads should somehow be excused. If he wants to try that, I'd be sure to have the violations corrected and bring proof so that when he loses, he can try for leniency on that charge if he's not used up all the court's patience by then.

    - - - Updated - - -

    This place where there was no stop sign? What was it. Was it an intersection of two public roads? Was it a T intersection. Note that if it was a place where a stop was required by another statute, the fact the officer charged you with the wrong statute is not going to mean that the stop was invalid.
    So you are saying the police can pull you over for speeding, which is going 35mph in a 35mph zone on a sunny day, and simply justify the detainment/arrest by saying "I thought it was a 25mph zone"? And they can also look for and write you up for other violations and crimes all based on bogus probable cause?

    Maybe you haven't seen enough defense attorneys work this angle? Justification for the pulling over of a vehicle is everything.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Disregard Stop Sign Regulation or Yield Sign 39:4-144

    Have you lived in New Jersey? You're understanding of the process here seems to be even more at odds than your misunderstanding of California.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Disregarding a Stop Sign Regulation or Yield Sign, NJSA 39:4-144

    I have never heard of an uncontrolled T intersection. Is a subliminal message sent out there are no traffic controls, then everyone stops, walks to the middle of the road and flips a coin?

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