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pulled over unlawfully

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hersh

Junior Member
What is the name of your state? PA

I was pulled over at 2:30 in the morning at an intersection in my home town. The officer said he pulled me over for stopping to far into the intersection. Unfortunatly I was also under the influence of alchohol, and got a DUI.
After I read through my affidavit of probable cause, which I recieved a few days later, I notcied that the officer said "Hershey did not stop for the stop line at the intersection heading east. His vehicle stopped well over the the cross walk." I thought to myself, I don't remember there being a stop line or a cross walk. So I drove to the intersection the next day, and sure enough, there wasn't a cross walk or a stop line. Does this mean that I was unlawfully pulled over? Is this unreasonable search and seizure?
 


CdwJava

Senior Member
hersh said:
I was pulled over at 2:30 in the morning at an intersection in my home town. The officer said he pulled me over for stopping to far into the intersection. Unfortunatly I was also under the influence of alchohol, and got a DUI.
What an unfortunate coincidence. :rolleyes:

After I read through my affidavit of probable cause, which I recieved a few days later, I notcied that the officer said "Hershey did not stop for the stop line at the intersection heading east. His vehicle stopped well over the the cross walk." I thought to myself, I don't remember there being a stop line or a cross walk. So I drove to the intersection the next day, and sure enough, there wasn't a cross walk or a stop line. Does this mean that I was unlawfully pulled over? Is this unreasonable search and seizure?
If PA is like CA, then the "crosswalk" is also defined as an area (invisible, if you will) that runs along the prolongation of the curb line. However, you can certainly bring this to your attorney's attention and he might be able to raise doubt about the stop sufficient to suppress the detention. Sadly, he might succeed.

To prevent this possibility in the future - and to save lives - don't drive after drinking.

- Carl
 

hersh

Junior Member
Thank you for your response. I realize I made a bad decision and will never drink and drive again.
 

ForFun

Member
Maybe a judge would disagree with me, but I see the mistake as completely immaterial since stopping a vehicle too far into an intersection is probably always worthy of a citation, with or without painted lines.
 

CdwJava

Senior Member
ForFun said:
Maybe a judge would disagree with me, but I see the mistake as completely immaterial since stopping a vehicle too far into an intersection is probably always worthy of a citation, with or without painted lines.
It will likely depend on how far is too far. If the defendant was obviously well into the intersection before stopping, then it won't matter. But if the bumper was over the plane of the prolongation, then it COULD be a problem.

The reason the officer wrote the affidavit of probable cause in the terminology he used was likely because that is how the statute reads - I know ours does. And the statutes also define the limit line to be the prolongation of the intersection curbline, so I suspect the same is true.

I have to think that the defendant had to have been more than just a little ways into the intersection in order to catch the officer's attention. Otherwise, it might seem like a normal stop.

- Carl
 

nltrobocop

Junior Member
PACS75 Section 3323(b)

provides the requirements of a motorist at a stop sign. It reads as follows:

§ 3323. Stop signs and yield signs.
(b) Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons authorized to direct, control or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if no stop line is present, before entering a crosswalk on the near side of the intersection or, if no crosswalk is present, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering. If, after stopping at a crosswalk or clearly marked stop line, a driver does not have a clear view of approaching traffic, the driver shall, after yielding the right-of-way to any pedestrian in the crosswalk, slowly pull forward from the stopped position to a point where the driver has a clear view of approaching traffic. The driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time when the driver is moving across or within the intersection or junction of roadways, and enter the intersection when it is safe to do so.

Basically, if you entered the intersection to any degree, you may be guilty of violating this section. However, as PA courts vary greatly on interpretation of statutes, the success of your defense may vary greatly based upon your geographic location.
 

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