Stop sign laws imply that a driver of any vehicle approaching a stop sign should come to a complete stop at the limit line or marked line. If there is no limit line then the driver must come to a complete stop at the entrance to the intersection.
In order for a driver to be found guilty of running a stop sign they must meet the following criteria
Although running a stop sign may see like a shut and dry case, there are some cases in which the driver may have been unjustly cited. Furthermore, it is important to remember that running a stop sign is based on an officer’s judgment, which may not uphold to the laws standards.
All stop sign violation cases can be fought in court and a large amount of them win, which ends up saving the defendant money in the long run. Below is a list of common defenses that apply to stop sign violations:
The Stop Sign was hidden from View
Although the driver is admitting to running the stop sign in this defense, they are claiming that it was of no fault of their own. If the stop sign was hard to see do to unnatural causes, then the driver was unaware of the stop sign’s existence. These instances do occur and there are several ways that stop signs are hidden from a person’s line of site, such as:
Stop sign laws state that a driver must stop at the entrance to the intersection whether it is at the limit line, the crosswalk, or if none are present, the driver’s perceived entrance of the intersection. Most people will stop slightly before the designated line. However, there are some drivers who are more cautious and will stop further back, which is not illegal as long as they can see the intersection.
If this is the case an officer who is hiding and waiting to catch an individual running the stop sign may not have been able to see the driver stop if the driver stopped several feet before the marked line. If this is the case, it is a good idea for the driver to take pictures of the officer’s whereabouts when they were hiding and the point at which the driver stopped, to prove that they were indeed out of site from the officer’s vision. Witnesses are also a valuable source.
The majority of people are extremely familiar with certain areas of their town. Their neighborhood, their work community and their close friend’s community may be areas of town that driver’s know very well because they drive in them frequently. This means that drivers are aware of where stop signs are posted. When a new stop sign is put up, a driver may accidently run the stop sign because they are not aware of its existence and the area in which they are driving is a familiar territory. If this is the case, a driver may be able to get their charges dismissed if they can prove that the stop sign was recently installed.
A Faded Limit Line
All lines on roads eventually fade. If the stop sign’s limit line is faded the driver may not have been entirely aware of where they should stop. If a driver is cited for stopping too far into the intersection because of a faded limit line they may not be at fault.
If you received a stop sign citation and cannot afford the charges, or do not want to deal with more points on your license, or you think it was an unjust citation in the first place, do not hesitate to call one of our experienced attorneys today and ask them all of your questions.
Here at, Finebloom, Haenel& Higgins law firm, we have fought thousands of cases regarding stop sign violations and we know the law inside and out to ensure you the best defense possible. Call today at 1-800-FIGHT-IT (1-800-344-4848) and see what we can do for you.
Attorney David A. Haenel, renowned in Florida for his excellent record in criminal defense, DUI, and traffic ticket cases, and has been delivering favorable outcomes for his clients since 2000. With a law degree and a Master of Law in criminal law, his background includes a notable tenure as the State of Florida DUI Prosecutor of the Year
