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Failure to Stop Defense?

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libertysquare

Junior Member
What is the name of your state? Georgia

According to Georgia Traffic Code, "Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway wehre the driver has a view of approaching traffic on the intersecting roadway before entering it."

We have a stop sign in my neighborhood that does not have a stop line or crosswalk, and if you stop right at the point of the stop sign, you can't see oncoming traffic from the road to the left and the road to the right due to obstructions of the view by shrubs in the neighborhood. The stop sign is about five or six feet from the intersection curb. Therefore, in order to safely see that traffic you need to move up to the curb (not in intersection) to see the traffic on either side. However, I was ticketed for Failure to Stop...do I have a case to dispute this ticket by showing pictures of the area with the bushes? I have almost been hit by some of my speeding neighbors numerous times and have written e-mails to the HOA board to get them trimmed and even spoken to them in board meetings, yet I always get the diplomatic response, "We will look into it."

Any advice would be appreciated! :)
 


seniorjudge

Senior Member
Q: However, I was ticketed for Failure to Stop...do I have a case to dispute this ticket by showing pictures of the area with the bushes?

A: I don't know. Try it at your trial and post back.
 

Zigner

Senior Member, Non-Attorney
What the law requires you to do is to stop at the stop sign, then you can move slowly forward until you can see well enough to proceed. You may even have to <gasp> stop AGAIN if it isn't safe to proceed. :eek:
 

FlyingRon

Senior Member
According to Georgia Traffic Code, "Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadwaywehre the driver has a view of approaching traffic on the intersecting roadway before entering it."
Note well the emboldened parts especially the last three words. Regardless of the view, you can't enter the intersection without stopping (regardless of what the view is).
 

libertysquare

Junior Member
Sorry, I wasn't clear...I did stop, but not at the exact point of the stop sign - (there is no stop line or crosswalk mark) but just as the code states, where it was safe to see the intersection at the end of the street. If you stop where the stop sign is, you can only see one side, so you have to move forward...and besides what is the defining point of where you are supposed to stop if a stop sign does not have the stop line or is not at the end of the street...but rather several feet from it? :confused:
This is my crazy typing diagram: S stands for stop sign :)
T *
R *
A * Bushes Blocking View
F ***S**********
F
I **************
C * Bushes Blocking View
*
******************************
TRAFFIC
******************************
 

The Occultist

Senior Member
Zigner's response is accurate. You must [completely] stop at the stop sign, and then you may inch forward to better view traffic.
 

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