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Old 07-29-2017, 01:06 PM
 
2 posts, read 1,435 times
Reputation: 10

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Hi, everyone,
I came to a stop sign, made a full stop behind the limitline. At the same time, I saw a cop with red, blue lights flashing and giving citation to a car on my right side of the street. Also from that street, there was a car approaching and I remember thinking "this is a 4-way stop, he better stop". So I cautiously and slowly proceeding to the intersection. After passing the intersection, I saw the cop flashing lights behind me, so I pulled over. The cop said that I failed to stop at the stop sign. I told him that I did and I saw him giving citation to other car. He then said I didn't stop behind the limitline and he said he was think that why I saw him and still didn't stop.
I think the cop saw me after I already made a stop and because I was cautious and slowly getting started for fear of the other car not stopping (the speed on the ticket was 5mi).
I'm going to fight this ticket even though this is a 'he said, she said' situation. Do I have a reasonable case that the cop was distracted (was giving citation to another car), and only see me AFTER my full stop?
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Old 07-29-2017, 03:21 PM
 
Location: Virginia-Shenandoah Valley
6,583 posts, read 10,890,459 times
Reputation: 5608
No way we can answer that. Depends on your ability to make a case. Judge and so on. Just go fight it if you're innocent. Not much we can say or do for you here.
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Old 08-01-2017, 01:56 PM
 
325 posts, read 394,931 times
Reputation: 671
Same thing happened to me a few years ago, I stopped behind the white line but the cop said he didn't see me do it. How the hell can I prove to the judge what the cop did not see? He also cited me for driving without seatbelts, because I took it off to retrieve my registration from the passenger side's sun flipdown thing. Stupid me on my end, but I thought that once you're in "Park", a reasonable cop wouldn't charge me for DRIVING without wearing my belt.

For what it's worth, the judge just wanted me to pay court fees only when I went in. Still waste of money and a morning's worth of PTO to go to court, but I'm glad that cop made his end of month quota (sarcasm).
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Old 08-01-2017, 09:12 PM
 
5,333 posts, read 6,139,382 times
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I won my case for something similar. I, too, saw the police car in advance of reaching the intersection. He was in a parking lot facing it, and I made sure to come to a full stop, then I turned. Right after I turned, a pedestrian stepped off the sidewalk into the road in front of me - not at the intersection and not in the crosswalk - and I had to hit the brakes. Here comes the cop - "You didn't stop at the sign and you almost hit her!"

What worked in my favor was the fact the actual turn was a couple yards past where the stop sign and white line was, so while he had a clear line of sight to the intersecting streets, his view of the sign was obscured by bushes. I made note of this, went back to the scene later to stand where his car had been parked, to verify, then printed out Google satellite photos of the area and took them to court. Also, when the judge asked him if he thought I rolled through the stop, he said "I assume he did." When it was my turn, I pointed out I shouldn't be found guilty based on his assuming it, he should have known it. Like you, I think he didn't notice me as I approached the stop, but instead (in my case), my sudden stopping for the pedestrian and my brake lights coming got his attention, and then he assumed (as he said) that I hadn't made a full stop just before that.

Still, the judge said she found both sides' stories believable, but she decided to give me the benefit of the doubt. I left chuckling at the cop saying "I assume he did."

So, long story short, take it to court, prepare your arguments in advance, don't meander in your defense, and don't get emotional or come across as a jerk. No guarantees, though.
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Old 08-02-2017, 06:28 PM
 
15,533 posts, read 13,524,055 times
Reputation: 21251
A dash cam would have helped, everyone should have one.
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Old 08-02-2017, 08:28 PM
 
325 posts, read 394,931 times
Reputation: 671
Dash cam or not, a cop can just cite you anyway and you'd need to prove your innocent by way of your dash cam video in front of a judge. It's backward as hell, ripe for abuse.



Quote:
Originally Posted by boxus View Post
A dash cam would have helped, everyone should have one.
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Old 08-08-2017, 11:34 AM
 
2 posts, read 1,435 times
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Thank you all for your response. I think Robbobobbo got lucky that the cop admitted "assuming". In my case, how can I convince the judge that there is possibility the cop was preoccupied/distracted at the time I made a full stop? Can I also argue or ask the cop to show the time of the ticket he cited right before my ticket? Because that could prove to the judge the closeness of the 2 citations and the cop saw me after I stopped.
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Old 08-08-2017, 01:05 PM
 
Location: Virginia-Shenandoah Valley
6,583 posts, read 10,890,459 times
Reputation: 5608
Quote:
Originally Posted by Babusis View Post
Thank you all for your response. I think Robbobobbo got lucky that the cop admitted "assuming". In my case, how can I convince the judge that there is possibility the cop was preoccupied/distracted at the time I made a full stop? Can I also argue or ask the cop to show the time of the ticket he cited right before my ticket? Because that could prove to the judge the closeness of the 2 citations and the cop saw me after I stopped.
You can ask whatever you want, within reason obviously. If representing yourself you'll have the chance to question the officer after he testifies. Might I suggest a couple things. Dress appropriately. No need to go all out in your best Sunday suit but wear nice slacks and a button up shirt, or at least a nice Polo. Don't be confrontational when questioning the officer but ask questions in a normal and respectful tone. Don't argue with the officer as the judge will shut you down. You'll get the chance to testify once you finish questioning the officer. If you don't feel the state met the criteria for a conviction you can ask for a dismissal on this count and if the judge denies you'll likely want to testify.
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Old 08-09-2017, 07:15 PM
 
313 posts, read 460,506 times
Reputation: 348
If representing yourself you'll have the chance to question the officer after he testifies. Might I suggest a couple things. Dress appropriately. No need to go all out in your best Sunday suit but wear nice slacks and a button up shirt, or at least a nice Polo. Don't be confrontational when questioning the officer but ask questions in a normal and respectful tone. Don't argue with the officer as the judge will shut you down. You'll get the chance to testify once you finish questioning the officer. If you don't feel the state met the criteria for a conviction you can ask for a dismissal on this count and if the judge denies you'll likely want to testify.

also helps to have a witness.


https://www.youtube.com/watch?v=V9WBSuYnyAI
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Old 08-10-2017, 09:58 AM
 
Location: Chapel Hill, NC, formerly DC and Phila
8,569 posts, read 12,669,405 times
Reputation: 8333
Quote:
Originally Posted by Badger21 View Post
If representing yourself you'll have the chance to question the officer after he testifies. Might I suggest a couple things. Dress appropriately. No need to go all out in your best Sunday suit but wear nice slacks and a button up shirt, or at least a nice Polo. Don't be confrontational when questioning the officer but ask questions in a normal and respectful tone. Don't argue with the officer as the judge will shut you down. You'll get the chance to testify once you finish questioning the officer. If you don't feel the state met the criteria for a conviction you can ask for a dismissal on this count and if the judge denies you'll likely want to testify.

also helps to have a witness.
Ha! But it's probably better if your witness isn't Kramer. George, perhaps, but definitely not Kramer.
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