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"failed to come to complete stop" leaving private drive

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D

Delsol_ia

Guest
What is the name of your state? Illinois

OK.... a little background:

Picture intersection running North/south, east/west
I'm leaving a parking lot for sandwitch shop in Southeast corner, I need to head south, but not practical from this place, so I take right onto road heading east.... Taking a left isn't really an option, as its too close to the intersection.

I go about 150? feet and take another right into a parking lot. I turn around, and am 99% sure I came to a complete stop. I'm 99% sure, because I drive a 5 speed.... and when I stop, i have a habit of shifting from neutral to 2nd, to 1st, as its easier to get into 1st that way. The view to my left (toward the intersection) is also partially blocked by a building unless you get close to the street. I can see the intersection, and a white car crossing the intersection (through what I believe to be a medium/stale green, so car is moving) I take a left, in 1st gear, and get into the lefthand turn lane.

White car turns out to be unmarked sheriff/officer/tropper (i'm uncertain, wearing big hat though, so I assume county sheriff), does U turn in middle of road, pulls behind me.

I wait for light, take a left, he follows, turns on his lights, I put on my right turn signal, pull into parking lot where he first tells me I cut him off (he didn't have to hit his brakes and there was plenty of distance) He writes me ticket for "Failure to stop when leaving private drive"

I'm 99% sure I did come to a complete stop.
I'm pretty poor these days as I'm in the process of moving into an appartment with my fiance, and I'm a college student and living week to week while still trying to pay for the wedding in august.

What are my options?

Other interesting info....

Ticket says location as:

....... 1st 84 (pretty unreadable)

and has the township incorrect. I'm 2 miles from the township stated at the top of the ticket.... but that town does have a 1st and 84 as well.

Thanks in advance,
delsol_IA
 


lwpat

Senior Member
I would notify the court that I was pleading not guilty and requesting a trial. Check with the clerk of court to be sure but in most areas your court date on the ticket is just an arraignment. If you can plead not guilty by mail this will save you a trip.

Take a picture of the location showing the building partially blocking your view. Also take pictures of your vehicle showing the straight drive. My experience is that it is impossible to get into first without coming to a complete stop. It sounds like you stopped, rolled forward to be sure the way was clear and then pulled out. You may be able to convince the court that this is what the officer observed. You should also take some general pictures of the other 1st and 84th. The officer would need to be able to point out the drive where you supposedly were required to stop.

Since he cited you for a failure to stop rather than a failure to yield to oncoming traffic you may have a chance of getting the ticket dismissed. Going to trial also increases you chances of the officer not showing, especially if it is a sheriff deputy that does not do traffic enforcement on a regular basis.

With all of that said your chances in traffic court are never good. The clerk can tell you if traffic school or a deferment is possible to keep the ticket off your record. If you do decide to go to trial take some time to visit the court and observe some other cases. The clerk can give you a schedule. If you intend to use pictures you will need to know the procedure for having them entered into evidence.
 

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