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  1. #1
    Join Date
    Dec 2014
    Location
    Menomonee Falls, Wisconsin, United States
    Posts
    4

    Default Failure to Stop at a Stop Sign but with No Cross Traffic

    My question involves traffic court in the State of: Wisconsin

    Last night I was stopped for failure to stop at a stop sign.

    The sign was on a street bordering the Waukesha County Statefair Grounds. The reason I didn't stop was because I thought I was justified, because there was no possible cross traffic. The street was a two lane street, divided by painted lines, and directly to the left and right of the stop sign were the parking lots for the Statefair grounds. But, being wintertime, these lots are gated off and nobody can possibly enter or leave. I even discussed this the first time I ran through these on the way to the our destination, the ticket occured after leaving.

    Coincidentaly, other people thought they weren't required to stop because many others blew threw it also. (I will not be using that in my defense)

    Would an appropriate defense be to say that I was justified in not stopping because the stop signs were not at an actual interesection (a crossing or meeting of two or more motorways)? In addition, there were no pedestrians or crosswalks.
    -I would present current pictures of the stop sign and surrounding areas.
    -I am 17.5 years old, never been stopped in the past

    Here's the code that I violated I believe. I haven't gotten a copy of the ticket in the mail yet.

    346.46 Vehicles to stop at stop signs and school
    crossings. (1) Except when directed to proceed by a traffic
    officer or traffic control signal, every operator of a vehicle
    approaching an official stop sign at an intersection shall cause
    such vehicle to stop before entering the intersection and shall yield
    the right−of−way to other vehicles which have entered or are
    approaching the intersection upon a highway which is not controlled
    by an official stop sign or traffic signal.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    That changes nothing. The law is the law. In Nashville, near my company a set of RR tracks, long abandoned ran across the road to a factory and the fence was always closed over the tracks due to it never being used. Semi's carrying hazmat were still required to stop at that set of tracks for years, because no one would put up an exempt sign. Finally, after enough complaints from locals getting stuck behind trucks, restarting on the hill loaded after the stop, the city took steps to have the tracks removed so traffic could flow.

    If they did not want the stop sign to be followed, they would remove it or cover it, with a cover indicating it was not in use.

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

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    The street was a two lane street, divided by painted lines, and directly to the left and right of the stop sign were the parking lots for the Statefair grounds. But, being wintertime, these lots are gated off and nobody can possibly enter or leave. I even discussed this the first time I ran through these on the way to the our destination, the ticket occured after leaving.

    Coincidentaly, other people thought they weren't required to stop because many others blew threw it also. (I will not be using that in my defense)
    the law says:

    Vehicles to stop at stop signs and school
    crossings. (1) Except when directed to proceed by a traffic
    officer or traffic control signal, every operator of a vehicle
    approaching an official stop sign at an intersection shall cause
    such vehicle to stop before entering the intersection

    so, unless there was a cop there directing you to proceed without stopping, you are required to stop.


    the part about yielding to traffic applies if there is traffic and is in addition to the requirement to stop, not an alternate statement of when you are required to stop.





    Would an appropriate defense be to say that I was justified in not stopping because the stop signs were not at an actual interesection (a crossing or meeting of two or more motorways)?
    no. it doesn't matter that one of the roadways was a private drive.



    it could be worse; in my state (and any state that has adopted the Uniform Traffic Code), you are required to stop when entering a public roadway from any private roadway, stop sign or not. That means every time you leave your driveway, you are legally required to come to a complete stop before entering the public roadway or you are subject to being ticketed. It doesn't matter if it is 2 am and there is nobody on the road but you and the cop that was a block away that saw it happen. (yes, that is an admission of how I got my one and only failure to stop ticket)


    -I am 17.5 years old, never been stopped in the past
    Pat yourself on the back (seriously) for not being stopped previously but understand that it does not absolve you of guilt in this situation. You are very young and not being stopped in the short time you are driving is pretty much the expected situation. You aren't going to be getting brownie points for that.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Quote Quoting Evan Thorpe
    View Post

    346.46 Vehicles to stop at stop signs and school
    crossings. (1) Except when directed to proceed by a traffic
    officer or traffic control signal, every operator of a vehicle
    approaching an official stop sign at an intersection shall cause
    such vehicle to stop before entering the intersection and shall yield
    the right−of−way to other vehicles which have entered or are
    approaching the intersection upon a highway which is not controlled
    by an official stop sign or traffic signal.
    That says first you stop, then you yield.

    When there's no traffic to yield to you still have to stop because, well, the sign says "STOP."

    It doesn't say "STOP, if you feel like it."

    Quote Quoting Evan Thorpe
    View Post

    I am 17.5 years old, never been stopped in the past
    Never been caught, you mean.

    You need to go to traffic school and re-learn the traffic laws and what traffic signs mean.

    Fortunately, going to traffic school may get the citation dismissed and off your record. Since you have no defense, don't even bother to fight it.

  5. #5
    Join Date
    Dec 2014
    Location
    Menomonee Falls, Wisconsin, United States
    Posts
    4

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Thanks for the help you guys! I won't fight it.

    How does one go about requesting traffic school?

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Quote Quoting Evan Thorpe
    View Post

    How does one go about requesting traffic school?
    Doesn't it tell you about that option on your citation?

    If not, then take your citation down to the court listed on the citation, go up to the clerk and say "I want to take traffic school."

  7. #7
    Join Date
    Dec 2014
    Location
    Menomonee Falls, Wisconsin, United States
    Posts
    4

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Quote Quoting adjusterjack
    View Post
    Doesn't it tell you about that option on your citation?

    If not, then take your citation down to the court listed on the citation, go up to the clerk and say "I want to take traffic school."
    The confusing thing is that the officer never gave me a physical citation, he just said he wrote me up for running a stop sign. Also that I have a nonmandatory court date at the waukesha county traffic court (I think it was waukesha, and i don't remember what time). Hopefully they send something in the mail. Otherwise I'll stop in at the station/traffic court.

  8. #8
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Quote Quoting Evan Thorpe
    View Post
    The confusing thing is that the officer never gave me a physical citation, he just said he wrote me up for running a stop sign. Also that I have a nonmandatory court date at the waukesha county traffic court (I think it was waukesha, and i don't remember what time). Hopefully they send something in the mail. Otherwise I'll stop in at the station/traffic court.
    Did you sign anything like Promise to Appear in court?

  9. #9
    Join Date
    Dec 2014
    Location
    Menomonee Falls, Wisconsin, United States
    Posts
    4

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Quote Quoting donzoh1
    View Post
    Did you sign anything like Promise to Appear in court?
    Nope, nothing like that. He just asked for phone number, license, registration, insurance proof, and my social security number (which I thought was really odd). I only knew the last four digits of mine, so that's all I told him.

  10. #10
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Failure to Stop at a Stop Sign but with No Cross Traffic

    Quote Quoting Evan Thorpe
    View Post
    The confusing thing is that the officer never gave me a physical citation, he just said he wrote me up for running a stop sign. Also that I have a nonmandatory court date at the waukesha county traffic court (I think it was waukesha, and i don't remember what time). Hopefully they send something in the mail. Otherwise I'll stop in at the station/traffic court.
    I suggest you get down there as soon as possible.

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