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      09-11-2010, 06:48 PM   #1
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Failure to Stop Ticket

Hi Guys -

Got pulled over last night by cop last night. He claimed I completely "blew" the stop sign and did not even see my brake lights go off. I'm so pissed off at this because I know for a fact that I did stop. I even stopped and looked at the car next to me, which happens to be a black Celica. I remember it so vividly, but I obviously have no chance of arguing with the cop since he pulled me over. He just chuckled and said "Not even close buddy haha."

Seriously, wtf. I was not drunk, intoxicated, on drugs or anything so why would I knowingly completely blow a stop sign. I've lived here for 25 years for crying out loud. First when he pulled me over it was 2 very long blocks away from where he claimed I blew the stop sign. I was sitting at the light for about 30 seconds before he even came up behind me, then when the light turns green and I make a left onto a big street, then he pulls me over. Then he ask me "what is my hurry and did I even see that stop sign on 29th?" The craziest thing is that, the street I was on does not even intersect with 29th street. I was on 31st street, then Lyman and then Archer. 29th is no where even remotely close to where I was, so I'm not even sure which sign he said I blew.

My second case is that it was right after a White Sox game, so traffic was heavy. So if he claimed I didn't even brake I would be making a 20+ mph turn onto a small neighborhood street, which is absurd. And then he says "you must be going ridiculously fast, because by the time I turned down here you were already on Archer (2 blocks away)". I for a fact did not speed, just driving normally.

So my question to you guys is how do I argue this? Also on the ticket, where it says location of violation does not even have a stop-sign as we were sitting at a red light. I'm sure the judge will believe the cop's word over mine, so this just really infuriates me because I honestly believe I did not do anything wrong. Does any of you guys have any advice on this?

I feel like he pulled me over for the simple fact that I was driving a black bmw coupe with tinted windows and he was hoping for a drug bust or something.

Thanks for listening to me vent!
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      09-11-2010, 07:00 PM   #2
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reminds me of this

http://www.moviewavs.com/php/sounds/...ridaynight.mp3
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      09-11-2010, 07:03 PM   #3
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Originally Posted by fruition3000 View Post
For real, I'm completely dumbfound by that muthaeffer.
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      09-11-2010, 07:05 PM   #4
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If in fact you know that you stopped at the sign, then take pictures of the stop sign, the traffic light and a picture of the stop sign from the cop's vantage point. Take the pictures at about the same lighting conditions and traffic density as when you were stopped.

Your only argument should be that the cop mistook you for a car that didn't stop.

Assuming you have a spotless driving record and you have a good positive attitude then you should have a good chance of convincing the judge of your innocence.
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      09-11-2010, 07:11 PM   #5
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Quote:
Originally Posted by cb1111 View Post
If in fact you know that you stopped at the sign, then take pictures of the stop sign, the traffic light and a picture of the stop sign from the cop's vantage point. Take the pictures at about the same lighting conditions and traffic density as when you were stopped.

Your only argument should be that the cop mistook you for a car that didn't stop.

Assuming you have a spotless driving record and you have a good positive attitude then you should have a good chance of convincing the judge of your innocence.
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      09-11-2010, 07:15 PM   #6
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Quote:
Originally Posted by cb1111 View Post
If in fact you know that you stopped at the sign, then take pictures of the stop sign, the traffic light and a picture of the stop sign from the cop's vantage point. Take the pictures at about the same lighting conditions and traffic density as when you were stopped.

Your only argument should be that the cop mistook you for a car that didn't stop.

Assuming you have a spotless driving record and you have a good positive attitude then you should have a good chance of convincing the judge of your innocence.
I don't even know where he saw me from, that is what's mind boggling. Because he said I blew the stop sign on 29th, and as I mentioned before there is no 29th. So I'm not even sure where he saw me since he showed up behind me like 20-30 seconds later.
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      09-11-2010, 07:21 PM   #7
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If there's no stop sign at the intersection indicated on the citation, photograph the intersection (all corners of it, or at least the bit of it the citation says is the stop sign at which you failed to stop (e.g., northbound/eastbound on 29th at the intersection of Asbury, or whatever), and take it to court and move for dismissal. You can't be in violation of not stopping at a stop sign that does not exist.

You mention in your story that you weren't actually on the street indicated on the citation. If you have any evidence to support that fact, you should absolutely introduce it. Again, you cannot be in violation of not stopping on 29th Street if you weren't on 29th Street.

If the citation does not say anything about your rate of travel or anything else, you should not introduce anything about the speed of your driving, unless of course during your trial, the prosecutor introduces it. If s/he does, you should object out of hand as they are likely offering no evidence to support an assertion relating to any specific rate of travel.

Good luck, although assuming you've related accurately all the facts, you won't need it.
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      09-11-2010, 07:26 PM   #8
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      09-11-2010, 07:31 PM   #9
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Quote:
Originally Posted by chilaxed View Post
I don't even know where he saw me from, that is what's mind boggling. Because he said I blew the stop sign on 29th, and as I mentioned before there is no 29th. So I'm not even sure where he saw me since he showed up behind me like 20-30 seconds later.
Then you need to say that. Make sure that you have a map of the area with you so the cop can point out where he was.

Don't say that you think the cop stopped you for having a nice car, tint (probably illegal) or anything similar.

Be positive, polite and state that the cop mistook your car - that stopped for the sign - for a car that didn't.

This all assumes that your record is spotless. If it isn't then the judge has no reason to believe you.
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      09-11-2010, 08:13 PM   #10
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Quote:
Originally Posted by cb1111 View Post
Then you need to say that. Make sure that you have a map of the area with you so the cop can point out where he was.

Don't say that you think the cop stopped you for having a nice car, tint (probably illegal) or anything similar.

Be positive, polite and state that the cop mistook your car - that stopped for the sign - for a car that didn't.

This all assumes that your record is spotless. If it isn't then the judge has no reason to believe you.
Well I have had one speeding ticket last November, but that is it for the 9 years I have been driving. Is that considered good or would the speeding ticket make me look bad?
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      09-11-2010, 08:22 PM   #11
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Go to court, you have no guilty mind about what happened, you will receive a favorable result.
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      09-11-2010, 08:35 PM   #12
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Quote:
Originally Posted by chilaxed View Post
Well I have had one speeding ticket last November, but that is it for the 9 years I have been driving. Is that considered good or would the speeding ticket make me look bad?
Your speeding ticket, or any prior driving incident, is irrelevant, and you should not let such a thing be introduced in your case. It has nothing to do with the event under debate. The citation, as you stated here, is for failing to stop at a stop sign that you say doesn't exist. Prove that and you are done.

What the cop said, but didn't include in the citation is irrelevant as well. You are not accused of what is not written on the citation. Keep all discussion in court limited to the case at hand.

Seriously, though, I'm a bit unclear why you even asked us this question. One needn't be an attorney to know that a citation for not stopping at a nonexistent stop sign (on a street you weren't driving on, no less) is easily defeated in court.
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      09-11-2010, 08:48 PM   #13
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What is the ticket for failing to stop at a stop sign anyway?

I can't be bothered to deal with petty crap like this by going to court, and I never have on moving violations.....but I guess it comes down to principal if you know you didn't do it.

GL.
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      09-11-2010, 09:04 PM   #14
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Quote:
Originally Posted by chilaxed View Post
Well I have had one speeding ticket last November, but that is it for the 9 years I have been driving. Is that considered good or would the speeding ticket make me look bad?
Depends on the ticket. 120 in a school zone is bad, 64 in a 55 probably makes no difference.
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      09-11-2010, 09:08 PM   #15
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Take Tony's advice here. Lots of good points, and you should have no problem with this in court.
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      09-11-2010, 09:12 PM   #16
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Quote:
Originally Posted by tony20009 View Post
Your speeding ticket, or any prior driving incident, is irrelevant, and you should not let such a thing be introduced in your case. It has nothing to do with the event under debate. The citation, as you stated here, is for failing to stop at a stop sign that you say doesn't exist. Prove that and you are done.

What the cop said, but didn't include in the citation is irrelevant as well. You are not accused of what is not written on the citation. Keep all discussion in court limited to the case at hand.

Seriously, though, I'm a bit unclear why you even asked us this question. One needn't be an attorney to know that a citation for not stopping at a nonexistent stop sign (on a street you weren't driving on, no less) is easily defeated in court.
I suspect that there is a bit more to the story, but his prior driving record certainly is relevant in any case. If he has a history of poor driving habits then the judge (who can see the OP's record) will be less likely to believe the OP's story. Assuming the street thing gets cleared up.
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      09-11-2010, 09:17 PM   #17
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Quote:
Originally Posted by Noc57 View Post
What is the ticket for failing to stop at a stop sign anyway?

I can't be bothered to deal with petty crap like this by going to court, and I never have on moving violations.....but I guess it comes down to principal if you know you didn't do it.

GL.
I'm not sure about the principal, but the principle behind fighting tickets is to reduce your points - and the corresponding increase in insurance premiums.

The actual cost of the ticket is a minuscule part of the overall cost to you - if you don't care about that then you have too much money.
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      09-11-2010, 10:42 PM   #18
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Quote:
Originally Posted by cb1111 View Post
I suspect that there is a bit more to the story, but his prior driving record certainly is relevant in any case. If he has a history of poor driving habits then the judge (who can see the OP's record) will be less likely to believe the OP's story. Assuming the street thing gets cleared up.
If indeed there is more to this story and there is a stop sign there and the OP was on that street, I concur that his prior driving record is relevant.

But surely there mustn't be more to this story for if there were, the OP surely has the wisdom to see s/he could not expect anyone here to provide useful information if s/he obfuscates or misstates facts of the situation. And the OP wouldn't waste our time asking for input (... the OP's purpose surely wasn't just to whinge on about this...) about a half truth...
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      09-11-2010, 10:45 PM   #19
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Quote:
Originally Posted by cb1111 View Post
I'm not sure about the principal, but the principle behind fighting tickets is to reduce your points - and the corresponding increase in insurance premiums.

The actual cost of the ticket is a minuscule part of the overall cost to you - if you don't care about that then you have too much money.
Could not agree more.

Even possessed of scads of cash, one must surely have better uses for it than giving it to the insurance companies et al....
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      09-12-2010, 12:06 AM   #20
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"Also on the ticket, where it says location of violation does not even have a stop-sign as we were sitting at a red light."

If this is true, take pictures, get a lawyer, and it will be dismissed. The ticket is not properly completed and is invalid.

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      09-12-2010, 08:06 AM   #21
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Do you even need a lawyer to go to traffic court? From what I've heard, half the time the cop who wrote the citation doesn't even show up, so the accused either gets a reduced "sentence" or it is thrown out completely. Paying for a lawyer would take YEARS for the small extra premium on insurance to make up, and it would come off his record a few years later anyway.
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      09-12-2010, 09:22 AM   #22
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This is Chicago. If you're willing to wait in line at traffic court, you will probably get off. Easiest way is to tell the clerk "my wife/dad/brother is a lawyer, he/she said ..." The clerk will usually say, "Oh, your wife is a lawyer? You don't have to pay this." If the clerk doesn't dismiss it, then you wait a few more hours to see the judge, and the cop won't show up.
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