Going to court over a stop sign ticket? Are some stop signs not legally enforceable?

[enwar3]

My friend (I was in the car) was written a ticket for missing a stop sign, but she didn't see it because she hadn't driven down that road before and the street light was out so it was very dark. She's a very careful driver; it was just an unlucky situation. She'd like to bring up her situation in court, but are there any risks of doing so? (Such as the judge raising the fine, revoking the possibility of traffic school, etc)

Also, is there any truth to some stop signs not being legally enforceable? (source: http://message.snopes.com/showthread.php?t=61047)

 

[jlee]

Is this a stop sign on a real road, or a stop sign in a private parking lot?

A lack of street lights isn't really much of a defense - that's what headlights are for. Stop signs are reflective and are typically located at intersections, so you should be alert and looking for signs and traffic.

Now if the stop sign was physically obstructed by bushes or something, that's a different story.

 

[Murloc]

it's her fault, it should have been visible with the reflection of the headlights.

I would drop it if it isn't some huge amount of money...

I heard that signs have a sticker behind them if they're placed by the public authority, you may want to look into this.
If it was a public road, it probably is enforceable.

If it was hidden you can try to play with that, but I doubt it'll work.

 

[Attic]

That sounds ridiculous.

Tell your friend to take responsiblity for this.

Hasn't driven down the road before?.... did your friend really try and use this to justify driving through a stop sign without stopping?

 

[qliveur]

Always go to court for traffic violations.

Always.

 

[Raizinman]

I had a friend win a stop sign ticket by having another friend hold up a tree branch in front of the stop sign and then she took a picture of it. She bought it to court and being now 4 months later, the police officer did not remember if there was a branch in front of the stop sign or not. Keep in mind he has probably written over 1000 tickets in the last 4 months. The Judge had no other evidence to consider and dismissed the ticket.

 

[xSauronx]

Hasn't driven down the road before?.... did your friend really try and use this to justify driving through a stop sign without stopping?

seriously. she was just driving down unfamiliar roads without paying any attention to signage?

 

[Codewiz]

lol, I travel a lot, I didn't know I could ignore traffic laws/signs because I have never driven on the road before.

Go to court, ask for a reduced fine/points. Pay the ticket. Your friend will look retarded if they use that type of defense.

 

[Blackjack200]

I had a friend win a stop sign ticket by having another friend hold up a tree branch in front of the stop sign and then she took a picture of it. She bought it to court and being now 4 months later, the police officer did not remember if there was a branch in front of the stop sign or not. Keep in mind he has probably written over 1000 tickets in the last 4 months. The Judge had no other evidence to consider and dismissed the ticket.

lol, win.

 

[halik]

seriously. she was just driving down unfamiliar roads without paying any attention to signage?

Thirded, street signs are the brightest thing when driving on an unlit road. The reflective material pops from miles away. Sounds like a bad excuse for a bad driver...

 

[gorcorps]

I had a friend win a stop sign ticket by having another friend hold up a tree branch in front of the stop sign and then she took a picture of it. She bought it to court and being now 4 months later, the police officer did not remember if there was a branch in front of the stop sign or not. Keep in mind he has probably written over 1000 tickets in the last 4 months. The Judge had no other evidence to consider and dismissed the ticket.

Fantastic. Do this.

 

[Capt Caveman]

I had a friend win a stop sign ticket by having another friend hold up a tree branch in front of the stop sign and then she took a picture of it. She bought it to court and being now 4 months later, the police officer did not remember if there was a branch in front of the stop sign or not. Keep in mind he has probably written over 1000 tickets in the last 4 months. The Judge had no other evidence to consider and dismissed the ticket.

Wow. You and your friends are real winners.

 

[sourceninja]

In my state at least, all road signs, even if posted by a private person are legally enforceable. However, it is against the law for a person to post a road sign on public property (only the government is allowed to do that).

The best part is, if a 3rd party posts a sign and the government decides it is a good idea, they are legally unable to take it back down.

 

[Raizinman]

A guy gets pulled over for speeding 88 MPH in a 45 zone. The cop askes for his drivers license and the guy says, "I'm sorry officer, but my license was suspended after my 5th DUI."
The cop askes for his registration and the guy says, "It's in the glove compartment, but it's not in my name because I stole this car in a car jacking and I killed the woman that owns the car and stuffed her in the trunk and the gun I used is in the glove compartment. At this point the cop tells the guy to keep his hands in sight and he radios for back-up.
When a supervisor shows up, the cop tells him the story and he walks up to the guy in the car. The supervisor asks to see the guy's drivers license and the guy hands it over and it is valid with the guys real name and information.
The supervisor asks for the registration and the guy says, "It's in the Glove compartment." The supervisor tells the guy to keep his hands in sight and walks around to the passenger side and opens the glove compartment. There is the registration in the guys name and everything seems in order.
Next the supervisor asks the guy to get out and open the trunk. The guy opens the trunk and the only thing there is a spare tire.
At this point the supervisor tells the guy what the other cop had told him. The guy says "I'll bet that lying S.O.B. told you I was speeding too!"

 

[qliveur]

lol

 

[her209]

My friend (I was in the car) was written a ticket for missing a stop sign, but she didn't see it because she hadn't driven down that road before and the street light was out so it was very dark. She's a very careful driver; it was just an unlucky situation. She'd like to bring up her situation in court, but are there any risks of doing so? (Such as the judge raising the fine, revoking the possibility of traffic school, etc)

Also, is there any truth to some stop signs not being legally enforceable? (source: http://message.snopes.com/showthread.php?t=61047)

Sounds like the copper knew exactly which stop sign would get the most violation.

 

[bruceb]

You can try and fight it, but is it worth your time ? ? In most states it is only a 2 point ticket, plus the fine. You go to court and lose, you still get the points, fine and court fees to pay. Now if the driver license is spotless (or in very good standing, point wise) the prosecutor, may offer a no point plea, in exchange for a higher fine. Most municipalities do not care how many points your license gets, unless it is a serious offense, like drunk driving. All they really want is your $$$

 

[DrPizza]

Not all signs are reflective. There are old signs here and there that are practically invisible to drivers who aren't familiar with the area; or "it's too late!" when they finally do see it and process in their mind that "hey, that was a stop sign." You can't just hang up a big cardboard sign with barely red paint and the word "stop in the middle" - even if you're willing to cut the sign in an octagon. I think I'd fight the ticket if it really is an issue with the sign.

 

[waggy]

Not all signs are reflective. There are old signs here and there that are practically invisible to drivers who aren't familiar with the area; or "it's too late!" when they finally do see it and process in their mind that "hey, that was a stop sign." You can't just hang up a big cardboard sign with barely red paint and the word "stop in the middle" - even if you're willing to cut the sign in an octagon. I think I'd fight the ticket if it really is an issue with the sign.

same.

we have some stop signs that if you don't know aren't there you won't see at night.

 

[Tweak155]

I'd go to court. I did plenty of stupid driving when I was younger and received something like 6 tickets. Went to court for each and every one of them, dressed well, was very cooperative, and all points were dropped.

Sometimes I'd pay a total of $25 and sometimes it was $250, but the points were always dropped.

EDIT:

On a humorous note, I was in court once for a friend (his car was impounded) and I was listening to cases prior to his. This one guy got the magistrate to drop the points and reduce the fine a little bit. But then he kept pushing the magistrate saying he didn't have money and couldn't afford a fine. The magistrate was clearly getting frustrated after already helping the guy, so he instead doubled the fine and added the points back to the ticket. Stupid guy.

EDIT EDIT:

After thinking about it more, I'm pretty sure he got the ticket fine dropped but still had court fees and THAT is what he didn't want to pay. He was basically going to walk away paying around $50 but couldn't keep his mouth shut. Sorry this was 8 years ago maybe so I'm hazy.