Need Help Ran A Stop Sign

[hubadlatimmy]

OK first I am going to explain what happened.

I had just pulled out from a stop sign and gone left. I was driving 25 in a 30 zone so that wasn't any big deal. As I come up to a part of town that I am not to familiar with I am going and totally blow this stop sign. Now just to my luck theres a cop on the other side that pulls me over yadda yadda yadda.

I will tell you exactly what I told him. The stop sign was completely hidden from view by this tree that was about 10 feet in front of it and it's branches and leaves were hanging down obstructing my view. He says that it's my fault for running the stop sign and he has to give me a ticket.

Now I need to know is it worth appealing and trying to fight since I could not see it until it was to late and I was already on the line where you have to stop and by that time halfway across the intersection.

Please only post a serious response as I need to know if there's any way I can possibly win and avoid a conviction on my record so that my insurance doesn't go up another $400 a year since I am a teenager.

Once again please only reply if you are knowledgeable in this matter or have had the same thing happen to you. Thanks in advance for any help you can be.

[FooTemps]

You should appeal it. Just hope that the policeman doesn't show up.

[LittMag]

If you do appeal, Go ASAP and get pictures from the road of how the stop sign was obstructed. GO before the leaves etc are trimmed away. There is a good possiblity the cop won't show, and if you have your pictures you should be fine.

[hubadlatimmy]

what happens if the policeman shows up? And what do you mean by "before the leaves are trimmed away"

[FooTemps]

Originally posted by hubadlatimmy
what happens if the policeman shows up? And what do you mean by "before the leaves are trimmed away"

if the policeman shows up your chances of getting the ticket lifted will be lower but go asap to get pictures. The cop might report the obstruction and have it trimmed

[Thordic]

Foo is right, go TODAY to the spot and take pictures of the sign and the obstruction. Try to get a picture from the viewpoint of an oncoming driver.

Fall is coming soon, so the leaves will fall off if you wait too long, or the cop could report it, and the DPW will come along and cut some branches off.

[Restola]

You wont win.

But chances are you are pretty young and blowing off school/work to spend a few hours at court is possible for you.

If you have nothing better to do, do it, you're paying for our legal system anyways...

[Thordic]

Originally posted by Restola
You wont win.


Won't win?

I'd say 80% of the time you can easily get the points taken off at the very least. That's the important part.

If the sign was obstructed, he has a valid case and could avoid the fine as well.

[venturesomerite]

weight you decision, is the money and the mark on your driving record worth fighthing it and being cleared of wrong ful charges? its all up to you.my opinon; if it were me and i really truely felt that the tree had blocked my veiw id fight it

[PaintballSucka]

Maybe if you have a local like we do in El Paso, Texas pay him 50 bucks and he either takes the ticket off or he gets you to do defensive driving.

[Xen]

just pay the ticket and ghoto driving school for a day, then its not on your record

[vf-xx]

Take a picture. My mom ran into a similar thing where the speed limit sign was missing. If you can prove that the sign was missing/obstructed they have to let you off. It is the county's job to maintain those signs (ie keep them visible).

I'd fight it.

Esp if you can get a jury trial.

[PigSweat]

Uhhh....ya.

I don't know how the US Justice system works. But MOST LIKELY he won't get a Jury Trial for something as (compartivly) trivial as this.

[71 LS6]

If you can't get the pictures before the tree is trimmed, then take pctures afterward of where the tree was trimmed, and ask the court why the tree would be trimmed so recently if the cop said it was not an obstruction. That sounds confusing, but it makes sense to me. :rolleyes:

[FooTemps]

Originally posted by Restola
You wont win.

But chances are you are pretty young and blowing off school/work to spend a few hours at court is possible for you.

If you have nothing better to do, do it, you're paying for our legal system anyways...

actually, he will win. I learned these tricks for lifting any sort of ticket from my friend (who is a lawyer) but I forgot more than half of them. lol, Most chances he will win if he has the picture of the obstruction and and the cop usually never goes to the appeal unless they really want to nail you.

[paintbattler]

hmm..thats a tuffy, i would appeal it..make sure u do take pics of it..there is aobut a 68/32% chanve u will win..i IMO.....

[Mango]

Ok, maybe I can help.

First, your summons is for "Disregarding a Traffic Control Device", which MIGHT be a mandatory court appearence (look if that box is checked on the bottom). So, if so go to court, stand before the judge and plead "not quilty." At this point, they will ask for your statement. State that the stop sign was hard to see and covered by trees. Take pictures IN DAYLIGHT. to bring with you, and tell the judge you have pictures. If it is in fact as covered as you say it is, then the judge will throw the ticket out, and just make you pay $30 court fee or whatever it is. Otherwise, stick to your guns and stick with the not guilty plea. Worst comes to worst, the judge sticks you with the ticket. But otherwise, you played thier game and it could work out in your favor.