Stop Sign Defense, unique situation...

[PaulSmith0796]

North Carolina...a traffic citation for a stop/sign (failure to stop).
I have subpoena 24 citations in one day from the intersection written by the same officer at the same intersection.
White Line is faded, it was night, defendant was driving a large delivery truck and never saw the sign, further inspection, it was there, just not clearly visible. Do you think the totality of the circumstances above warrant a mistake of facts defense?

It was in a subdivision, no yellow lines to divide, but it is apparently a city street, I initially thought it was a PVA and there was my defense but it is not.

 

[Ohiogal]

North Carolina...a traffic citation for a stop/sign (failure to stop).
I have subpoena 24 citations in one day from the intersection written by the same officer at the same intersection.
White Line is faded, it was night, defendant was driving a large delivery truck and never saw the sign, further inspection, it was there, just not clearly visible. Do you think the totality of the circumstances above warrant a mistake of facts defense?

It was in a subdivision, no yellow lines to divide, but it is apparently a city street, I initially thought it was a PVA and there was my defense but it is not.

Nope. Not mistake facts IMHO.

 

[Zigner]

I'm not seeing any defense to running the stop sign. Perhaps said driver should be more careful and more watchful.

 

[sandyclaus]

North Carolina...a traffic citation for a stop/sign (failure to stop).
I have subpoena 24 citations in one day from the intersection written by the same officer at the same intersection.
White Line is faded, it was night, defendant was driving a large delivery truck and never saw the sign, further inspection, it was there, just not clearly visible. Do you think the totality of the circumstances above warrant a mistake of facts defense?

It was in a subdivision, no yellow lines to divide, but it is apparently a city street, I initially thought it was a PVA and there was my defense but it is not.

Are you practicing law without a license again? You keep referring to "defendant", but that apparently isn't you?

 

[HighwayMan]

I have subpoena 24 citations in one day from the intersection written by the same officer at the same intersection.

Which proves nothing more than what I always say - no one stops at stop signs.

I could pick any stop sign on a moderately traveled street and write a few dozen tickets in a typical shift. What's your point?

White Line is faded...

Stop lines are not necessary.

...it was night...

That's why headlamps were invented.

...defendant was driving a large delivery truck and never saw the sign...

Oh well. That's on the defendant.

...it was there, just not clearly visible.

What does that mean exactly?

Do you think the totality of the circumstances above warrant a mistake of facts defense?

Absolutely not.

 

[Just Blue]

Which proves nothing more than what I always say - no one stops at stop signs.

I could pick any stop sign on a moderately traveled street and write a few dozen tickets in a typical shift. What's your point?



Stop lines are not necessary.



That's why headlamps were invented.



Oh well. That's on the defendant.



What does that mean exactly?



Absolutely not.

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