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  1. #1
    Join Date
    Aug 2009
    Posts
    3

    Default How to Fight a "Failed to Stop for a Stop Sign" Charge

    My question involves a traffic ticket from the state of: Colorado

    When turning onto a main street, I stopped at the stop sign and turned slowly. I was followed by a police car with lights flashing. My first reaction was that he wasn't coming after me because I didn't do anything wrong. At that point I was doing 20 MPH in a 30 MPH zone. I didn't have time to get up to speed because I had stopped at the sign. I figured out that I better stop, so I stopped in the first available spot, a parking lot.

    The Officer told me that I didn't stop at the stop sign. I was shocked and told him that I thought I stopped. He insisted that I didn't.

    I was driving with my 5 year old daughter in the car so I was driving carefully, not recklessly.

    There were no witnesses to this event.

    How do I fight this? Should I or should I not? The fine is $110 and 4 points. I have a court appearance in about 5 weeks. What can I do in that time to prepare a defense?

    I didn't see the position of the police car when I was turning.

    Is there a report I should get? Where and how do I ask for that?

    If I plead quilty and pay, will it affect my auto insurance payment?

    Would it help in court to bring up my low speed as an indication that I had actually stopped? Can we find from the report if he recorded my speed?

    Thanks for any advice - I appreciate it.

    Maggy

    I forgot to mention one thing in my post: When I stopped at the stop sign, I looked to the left ( prior to making a right hand turn ) and saw a white car far away in the lane I was turning into. I knew I had plenty of time to make the turn. So, I didn't rush into the turn.

    Maggy

  2. #2
    Join Date
    Aug 2009
    Posts
    3

    Default Re: Should/How I Fight a "Failed to Stop for a Stop Sign" Charge

    Forgot to mention:

    I'm over 40 and this is my first traffic ticket.

    The main street onto which I turned is normally very busy, so it is normal to stop and check for traffic to avoid an accident.

    Maggy

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Fight a "Failed to Stop for a Stop Sign" Charge

    Quote Quoting Maggy
    View Post
    I didn't see the position of the police car when I was turning.
    That's not relevant.
    Quote Quoting Maggy
    Is there a report I should get? Where and how do I ask for that?
    I doubt that there's a report beyond the ticket; you can check with the police agency that issued the ticket.
    Quote Quoting Maggy
    If I plead quilty and pay, will it affect my auto insurance payment?
    Possibly, but you'll need to check with your insurance company. Some insurance companies will forgive a first ticket if a driver has a long, clean record.
    Quote Quoting Maggy
    Would it help in court to bring up my low speed as an indication that I had actually stopped? Can we find from the report if he recorded my speed?
    Your low speed doesn't mean you stopped. My guess from what you're saying is that the officer saw you do what he perceived to be a "rolling stop" - where you slow down but don't completely stop before going through the sign. Any speed above zero falls short of a full stop, and it's not something that needs to be measured as it can be observed.

    Given your age and clear driving record, I personally would give it a shot to try to talk to the prosecutor responsible for the ticket to see if I could get it deferred or dismissed on costs.

  4. #4
    Join Date
    Aug 2009
    Posts
    3

    Default Re: How to Fight a "Failed to Stop for a Stop Sign" Charge

    Thank you so much for responding so quickly. Your answers are very helpful.

    What do "deferred" and "dismissed on costs" mean?

    Thanks,

    Maggy

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