Traffic laws in residential neighborhoods

[F1goddess]

What is the name of your state?What is the name of your state?What is the name of your state? Georgia

My husband recently received a traffic ticket for rolling through a stop sign in our subdivision. He was driving at an incredibly slow speed and there were no other cars present at the time. The police officer told my husband that the Homeowner's association had complained that people were running the stop sign. She also told him that he should file a petition with the Homeowner's association to have the stop sign removed and a yield sign put in it's place.

He does not deny that he did not come to a complete stop but argues that it is on private property and the stop sign is definitely out of place. It is positioned as soon as you turn into our subdivision. To the right of the stop sign is a cul-de-sac with 6 houses and to the left is a long straight street with about 30 or so houses. A house is directly in front of the stop.

He is not trying to be disrespectful but he feels that it is unfair to receive a ticket especially on private property. It would have been different if he pulled out of the subdivision onto the county road and didn't stop.

We also found out that the police officer that ticketed my husband is a friend of a lady on the Homeowner's association. We think that it is ironic that he gets a ticket 2 or 3 days after having to deal with this woman over supposed deliquent HO dues. I handled it through the atty that did our closing and I am sure that it ticked her off. I honestly believe that it is an act of retribution.

Sorry to ramble but I need advice. My husband wants to fight this in court but I am not sure of how to handle with it. Anyone with knowledge of Georgia, Gwinnett Co., traffic laws, please post.

 

[lwpat]

It would have been different if he pulled out of the subdivision onto the county road and didn't stop.

No it wouldn't. The roads in the subdivision are county roads, same thing. A stop sign means stop.

We also found out that the police officer that ticketed my husband is a friend of a lady on the Homeowner's association. We think that it is ironic that he gets a ticket 2 or 3 days after having to deal with this woman over supposed deliquent HO dues. I handled it through the atty that did our closing and I am sure that it ticked her off. I honestly believe that it is an act of retribution.

Police officers have a lot more to deal with than petty issues. It does happen but rarely. Most people have a life and I suggest that you do too before the black helicopters get you first.

My husband wants to fight this in court

That is his option.

Anyone with knowledge of Georgia, Gwinnett Co., traffic laws

I can tell you with certainty that there is a law requiring you to come to a complete stop at a stop sign. Your husband has written proof.

 

[dkpd73]

Traffic laws are state laws, and while enforcement may differ from county to county, the code is the same.

As someone who is required to write these kinds of tickets on occasion (i.e. specific citizen requests for traffic enforcement), I can assure you that judges will not listen to any defense other than "I came to a complete stop and I can prove it".

If the roads were private property, it would be a defense, but it is almost a certainty that the subdivision roads are county roads.

 

[F1goddess]

Thank you "dkpd73" for your reply to my dilemma and thank you for not being as cynical as "lwpat".

I was wanting advice from people who are most knowledgeable; working directly in the field. People who would be a little more objective, but I see that this is a place where some people just come to vent.

"lwpat", I would "thank you", if I felt that you helped me at all but you were nothing but a sarcastic twit.

I only posted here because of all of the conflicting information that was given to my husband from all of our neighbors that said that tickets could not be written on private property. If I wanted to listen to a person that obviously hates their job and sees the world with a cynics point of view, I would have just called you instead. Besides, I am smart enough and have been around cops enough to know that when a back needs scratching, it gets scratched.

BTW--I do have a life. It also seems that I am a lot happier doing what I do, than you are. Maybe you should change jobs. Wait......did you hear that? I think I heard your heart freezing or maybe it's the black helicopters coming to get me. OOOHHHHHNOOOOOOOO!

 

[F1goddess]

Oh, "lwpat", I did want to "thank you" for something. I hadn't realized in all of the years that I had been driving or even further back when I was in kindergarten, that.........STOP means STOP!!

Thank you, so much. Now my life has soooooo much more meaning and purpose. Here, I have lived on this great, green earth for over 30 years and I didn't know that, STOP means STOP.

Oh, I need to go tell somebody. I am sure that there are a lot more people around who do not know that, STOP means STOP, either. Their lives probably have no meaning or purpose afterall. I could liberate everyone with my new found knowledge.

Maybe you should go on TV and let everyone know that, STOP means STOP. It's helped me so much. Why not help others? Oh, I forgot, that's not in your job description and you can't obviously help people when your heart is frozen.

 

[You Are Guilty]

Police can write tickets on private property at the request of the owner (the HOA). So, you might want to re-think trying to fight the ticket on that basis.