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How do I prove that I really stopped at the sign?

Question:

I have requested a hearing over a citation for failing to come to a full and complete stop at a stop sign. My daughter, who is 11, was in the car with me, and agrees that I did, indeed, come to a full stop. What should I bring to the hearing?

Answer:

We hope you didn't have to raise the little dear's allowance before she agreed that you stopped. You should treat your hearing as a trial and prepare for it as best you can. First, check the law you violated. It's written on your ticket; then see the state statutes section of this website.

Next, read the law to understand its every nuance. You may not be found guilty unless you did something the law prohibits -- although in your case, the factual issue over whether you stopped will probably be the main issue.

Sadly, though, if it is your word against the police officer's word, 99 out of 100 times, the person with the badge and the big stick wins. Having your daughter as a witness helps, but not as much as having an independent witness whose allowance is not dependent on you beating the ticket and fine.

You'll need to attack the officer's judgment in giving you the ticket. There are a handful of ways to do that -- but again, you'll need to check your actions against the letter of the law. You may be able to prove that:

  • You did stop, but were further back from the white marker line or crosswalk than the law required. In these cases, an officer hiding behind a bush 50 feet down a side street might not be able to see you clearly.
  • The stop sign was obscured -- hidden by storm-blown branches, twisted the wrong way by kids, or obscured for any of a variety of reasons.
  • The stop sign was newly installed -- an unfamiliar sight on a road you traveled frequently.
  • The limit line or crosswalk was too faded to see clearly. It's best to use photos or diagrams to visually back up your argument to the judge.

Finally, insist that the police officer show up at your trial. If the officer doesn't show, ask the judge to drop the charges on the grounds that you have been denied your right to a fair trial, because you would not have the right to cross examine the officer. It may work. And if it doesn't, at least you'll know how it feels to be Perry Mason -- if only for a sentence.

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