• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Stop Sign Trap

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bill91241

Junior Member
What is the name of your state? South Carolina

I was recently stopped for "Disregarding a stop sign". There was trap set up with one police car down the road and another waiting to stop people as they drove through. I know I stopped at the sign at least long enough to look both ways and comment on the police car down the road watching for people. When we were stopped all the officer would tell us was that we ran the stop sign. When we questioned it he would only say that it was all on videotape we could go to court, plead guilty or not guilty. Do I have any kind of right to view the videotape before I go to court? I have called the Sherriff's office several times to ask and get a different answer everytime. They either say they don't know, or they think I need a subpoena and don't know who to direct me to that would know except to check with my lawyer. Other people have told me that they look to see if your wheels come to a complete stop for a certain length of time. I went to the location where the office was parked and the whole stop sign area was blocked from my view by a hedge and a tree. Wouldn't this affect his ability to check things like that?
 


Y

ylen13

Guest
you can file for discovery to get a copy of any and all evidence he has before you go to court, also allot of cops wrongly believe that there is minimum amount of seconds that you must be stopped which is not true.
 

Bravo8

Member
ylen13 said:
you can file for discovery to get a copy of any and all evidence he has before you go to court, also allot of cops wrongly believe that there is minimum amount of seconds that you must be stopped which is not true.

Define "stop". My definition would be "the cessation of all movement". If you come to a complete stop, then you will be stopped for a few seconds at least.
 
Y

ylen13

Guest
Bravo8 said:
Define "stop". My definition would be "the cessation of all movement". If you come to a complete stop, then you will be stopped for a few seconds at least.
there is no specific ammount of time that car must be stoped. Most people are stopped for coupel of seconds but some cops think tha law requires minimum such as 3 or 4 seconds.
 

bill91241

Junior Member
Bravo8 said:
Define "stop". My definition would be "the cessation of all movement". If you come to a complete stop, then you will be stopped for a few seconds at least.
I Think I came to a stop long enough to feel the car make a small "lurch" from the brakes and then stop. That is one reason I would like to see the video, to double check myself, however if someone was looking to see if my wheels came to a complete stop, I don't think they were visible from where the police officer was because of the hedge and tree on the corner.
 
S

seniorjudge

Guest
bill91241 said:
I Think I came to a stop long enough to feel the car make a small "lurch" from the brakes and then stop. That is one reason I would like to see the video, to double check myself, however if someone was looking to see if my wheels came to a complete stop, I don't think they were visible from where the police officer was because of the hedge and tree on the corner.
Plead not guilty and ask for a jury trial. Then you can make a motion for discovery of the video.

I doubt they will let you see it if you plead guilty.

Just curious, but why are you calling a stop sign "a trap"?
 

bill91241

Junior Member
seniorjudge said:
Plead not guilty and ask for a jury trial. Then you can make a motion for discovery of the video.

I doubt they will let you see it if you plead guilty.

Just curious, but why are you calling a stop sign "a trap"?
I wasn't calling the stop sign a trap, but a policeman positioned to watch people at an intersection and another one through the intersection stopping those people the other officer radios to him to stop seems like a trap to me, when if they didn't stop it was based on a technicality that their wheels weren't completely stopped moving. Especially when I see people running red lights on a daily basis at about 50 mph causing life threatening situations but never see a policeman set up to at intersections to catch them.

If I did plead not guilty, what happens next and what kind of court costs do I incur?
 

lwpat

Senior Member
Sounds like this was a typical city revenue trap. Check the statute on the ticket and then call the clerk of court and see if it is a city ordinance or a state. If it is a city ask her if this will be reported to the state and go on your MVR. Many cities have "revenue statutes" that mean they do not have to send any money or information to the state.

You can file a Freedom of Information request at the department. My guess is that the video does not exist. I have had this happen and then the case just disappeared. I filed for a jury trial and never received any reply. My request to see the video also went unanswered.

This does not mean that you will have the same outcome. You can request a jury trial by CRRR and avoid the arraignment. Some SC cities will allow traffic school and the violation not show but you still have to pay the fine. This usually takes an attorney but you can always ask.

If you do go to trial both officers will have to be present or you can request a dismissal. One to testify that you didn't stop and the other to identify you as the driver. In SC the officer acts as the prosecutor in most cases and the judge gives them a lot of leeway, especially since he is paid by the city from the funds collected.
 

bill91241

Junior Member
Tomorrow is my court date. I've talked to a couple of people I know who are policeman. One of them told me to plead not guilty and ask for a jury trial, said that most of the time judges will side with the officer. another one told me just the opposite said I should ask for a bench trial. He also said I could go and plead my case to the officer and ask him to reduce it, is that actually worth the effort to try? One of the officers also said 4 points couldn't be reduced, the other said the judge might reduce it to 2. Any thoughts out there on any of this, not sure exactly which way to go tomorrow.
 
Last edited:

efflandt

Senior Member
You don't have spinner hubcaps do you? ;) Some legislator in IA wants to outlaw them because he slammed on his brakes and almost jack knifed his trailer (boat or RV I assume) when he thought a vehicle at a stop sign with spinners was still moving.
 
S

seniorjudge

Guest
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top