Disregarding a Stop Sign

[geeopjon]

What is the name of your state? Columbia, South Carolina

I was driving under clear skies and came upon a stop sign in a quiet residential neigborhood. I slowed, stopped, looked both ways and went through the intersection. As I looked to the left, I noticed a patrol car sitting, no doubt waiting for someone to run the stop sign. next thing I know, he pulled me over.

He comes up to the car and tells me that I did not stop at the stop sign. "You looked right at me and did not stop..." I was amazed. When he said that I thought to myself, "who on earth, would go through an intersection not stop, see the patrol car and not even attempt to stop after seeing the patrol car?"

I said, "officer, I am sorry, but I believe that I stopped." He said "you looked right at me, and kept going." Again, I said in a very respectful tone "I am sorry sir, I believe that I stopped, looked both ways and proceeded through the intersection."

Well, 20 minutes later, he comes back gives me a ticket with a violation "disregarding stop sign. (SC code 56-5-2740)" I know I am not guilty, but I am afraid when (if) I plead not guilty that it will be my word against his...any advice?

Also, a note about the intersection, there is construction in the intersection and the large white stop line has been covererd with a large steel sheet and the road also has new pavement, with no line.

Any advice is appricated.

 

[JETX]

I am afraid when (if) I plead not guilty that it will be my word against his...any advice?

Yep. You don't have a chance.

 

[wirry1422]

Still go to court. There is always a slight chance the officer may not show up. But if he does, i'm afraid you have no chance, other then perhaps making a deal with the prosecutor for a non-moving violation. Anyway, in the future remember two rules. When you come to the stop sign, quickly look left and right for cops. If you see one, as you did this time, come to a complete stop and count to three as in one-one thousand, two...etc. The second rule is, never, never make eye contact with a cop while you are driving. Once you do, some police instict takes over that deems you automatically guilty of whatever violation the cop happens to be looking for, in this case- stop sign. Never, ever make eye contact with a police officer- remember that eye contact=traffic stop=citation. I learned that last rule from my traffic school instructor.

 

[JETX]

When you come to the stop sign, quickly look left and right for cops.

Actually, look both ways for ANY car.... cop or not.

Never, ever make eye contact with a police officer- remember that eye contact=traffic stop=citation. I learned that last rule from my traffic school instructor.

And of course, that is crap. Simply, if you aren't doing something wrong, you have no reason to 'fear' the officer. Hell, I look 'em in the eye and usually wave or nod all the time.

 

[-Silent-Pariya]

well i have a question..... if on the ticket they give u they give false information (aka the color of ur car) can that make the ticket void?

 

[geeopjon]

well i have a question..... if on the ticket they give u they give false information (aka the color of ur car) can that make the ticket void?

No---my understanding is that the info on the ticket would have to be VERY wrong, i.e, you drive a red truck and the ticket is for a green coupe.

 

[geeopjon]

There is always a slight chance the officer may not show up.

Tough luck for me...in South Carolina the cop does not have to show for the arraignment...he just has to show to the trial if you plead not guilty.

 

[lwpat]

This is a four point ticket and usually they don't reduce these at the arraignment but it will be worth your time to show for court and try. If you don't want to go to the arraignment you can plead not guilty by mail and ask for a jury trial.

They can add court costs if you do this but the officer may not show or you may get a sympathetic juror. Probably someone in the neighborhood complained. You could check the officer's tickets for that same day to see if anyone else disagrees with their ticket. You could also check his line of sight. If you stopped out of his line of sight because of the construction and then rolled forward that may account for the difference in opinion.