Failure to obey stop sign

[albanach]

State: Virginia

In July I was cited for failing to obey a stop sign.

The officer approached my car and said he had followed me along James St and asked why I didn't stop at the stop sign. I thought about the last stop sign I had passed, which was at an intersection and said I believed I had applied my brakes. Officer responded that the vehicle had not been stationary and issued a ticket.

On studying the ticked I discover that the location marked is 100 James St, about a half mile further back. The intersection there has traffic lights.

So, I believe I stopped at the only stop sign I passed. officer doesn't believe I stopped, maybe at that intersection, maybe at the one further back with traffic lights that is on the ticket.

I currently have a clean license, so my interest in defending this is to avoid increased insurance premiums.

I called the court house who said they currently don't have a record of the case. The officer does have other cases scheduled for the date / time of my hearing so is likely to be present. Offences with dates before and after mine do appear in the VA courts schedule.

I asked the clerk about filing what I understand is a motion of discovery to obtain the officer's notes (hoping these too would identify the intersection with traffic lights as the location) to anticipate what he may say at the hearing. I was told this can only be filed by a lawyer.

My questions

Can I file a motion of discovery in VA without a lawyer, if so how?

If I can, should I file one if the paperwork hasn't been submitted to the courthouse, or is it likely to just encourage him to submit it?

If the paperwork isn't submitted to the courthouse and I turn up at the date/time specified, what's likely to happen? Can they still have the hearing or set it for another date?

While it's not in the system I can't ask for a continuation, can I? If I ask for one and they don't yet have any paperwork, what is likely to happen?

I can prepay the fine for $91 and three points - if I plead not guilty and go to a hearing can the judge in anyway increase this penalty or is the maximum additional cost to me a few hours of my time?

I'm hoping if it does go to trial the officer will say I ran the stop sign and 100 James St, I can then submit photos of that intersection with traffic lights as evidence and request the case be dismissed. Is that a reasonable strategy?

Is there anything else I should do? What would you do if you were me?

Thanks for any and all advice.

[moburkes]

I can apply my brakes at 80 MPH. It certainly wouldn't have been enough pressure to make my vehicle come to a complete stop.

I believed I had applied my brakes

[FlyingRon]

Traffic court is not likely to increase the penalties or costs (other than the waste of your time). The error in the ticket (if indeed there is one) is not going to get you out of the offense.

Virginia traffic court (at least in most jurisdictions) will be the officer presenting his case against you in a more or less informal manner UNLESS you get legal representation in which case the Commonwealth's Attorney will get involved. I'm not sure you can use discovery in the traffic court. If you appeal, the case will be reheard de novo in the general district court where much more formal rules of criminal procedure follow.

As pointed out by the previous poster, you haven't indicated any exculpatory information. Braking is not the same as stopping. It is quite common for people to slow down substantially for a stop sign, but the law is quite specific. YOU MUST COME TO A COMPLETE STOP. It means your vehicle ceases to move, not that you have slowed down and rolled through.

If you have a completely clean driving record in Virginia, you can however get the option of doing the driver improvement clinic (traffic school). If you are over 20, you can even do this over the internet. If you complete this your ticket will be dismissed.

[albanach]

Thanks for the replies.

I used the language I used to the officer to describe what happened when I was pulled over. I do believe I stopped at the last stop sign I recall passing. I am aware that if the officer describes the location with a stop sign as the location of the infraction it then becomes my word against his and he will win.

Is it not the case, however, that if in court the officer says I ran a stop sign at a different intersection, one that does not have a stop sign to run, then the case should be dismissed?

The officer was unclear to me at the time I was pulled over about the location of the alleged infraction. So it is possible he believed I went through a stop sign that actually does not exist. If in court the officer describes the location as the intersection that does have a stop sign where I believe I stopped then I realise I have no chance of challenging this and would change my plea to no contest.

I still wonder if anyone knows what will happen if I appear in court and paperwork has still not been logged. Will they simply reschedule the hearing?

If I opt to take a Driver Improvement Course, do I request that at the court hearing? I have considered this option, but was hesitant in case I received another ticket at at a future date. Can you take a course more than once? I presume if you can there is some sort of time limit before you can take that option again? I couldn't see that information on the dmv website.

Again, thanks for the helpful replies.

[FlyingRon]

I've never heard of the case not being there on the day of the hearing, can't say what would happen. It is not unusual for it not to be on the docket until the day of the hearing. The traffic cases are scheduled pretty much on a schedule of the arresting officer. Officer Jones just writes all his tickets to his next scheduled court dates. The courts set aside days for the State Police and the various local jurisdiction police officers.

If he said you didn't stop at 4th and Main and there is no stop sign (or other reason for you to stop there) then you can make that point.

Yes, you make the request for the driver clinic in court. It's at the discretion of the judge but it's always granted on the lesser offenses provided you haven't had a conviction (or used the clinic dodge) in the past few years.

[Hey There]

1. Borrow from the library or buy Beat Your Ticket Go to Court & Win
by Attorney David W. Brown. The book is priced at $21.99 so considering a fine of $91.00 borrowing from the library would be my first option.
2.Check which law or state statute applies to Discovery in your state.
The clerk didn't quote a law specifying that a lawyer would be the only one to obtain discovery so this information obtained from clerk
needs to be checked out for accuracy.
3. Check out the National Motorists Association Website. I found it
very informative so I became a member, but even without there's a lot of information on this website.
4. Enlarge pictures of the intersection the officer cited you for as having a traffic light, not a stop sign.
5. Check yellow pages of phone book for a lawyer that might give a free consultation.(Hard to find , I've found but I did get a free consultation once )This doesn't mean you retain the lawyer, only that he listens to what you have and give an opinion.
6. Check the court for phamphlets. Is a hearing the time you enter a plea or the time you need to present a defence? If discovery is available and you apply for it ,it certainly seems like a resonable request to ask for a continuance to obtain discovery before you
present a defence as long as you don't give up your right to a speedy trial.
7. Do I have this right?
The officer cited you at a intersection that has a traffic light for failure to stop at a stop sign ? This alone would prove the officer's power of obsevation is flawed.
That other cases, but not yours is listed on the hearing day? Check Again whether or not your case is listed. Submitted Aug.18/2007
If the officer would fail to show at the hearing if that is when he should testify then normally the case is dismissed for lack of evidence.