I'm going to ask this question again since no one understood it.(See inside, all I need is a yes or no)?

Question

I'm going to say only one of it, since the other day people misunderstood the question.
If someone got a ticket at a stop sign. It was night time, no cars.
And if the someone DID completely stop at the stop sign, but the police said he only stopped for 3 or 4 seconds, and the law says for 5 seconds. How would the police know if he stopped for 3 or 4 seconds. They were also no cars. What if he miscounted? Is that fair??

Answer 1

STOP, to halt the motion, or progress of.
Unless everyone is equipped with an Atomic Clock, I would definitely go to court, and fight that one.
Good luck
Sorry, forgot to put this in, NO!.

Answer 2

Well first of all is does not matter whether there were any other cars around or it was night. The stop sign law is still the same. I just cant imagine an officer writing a ticket for this (that is saying you only stopped for 3 seconds instead of 5).

Is that really the law in some states? In my state the law simply reads you must "stop" and yield to any other traffic before proceeding. The definition of "stop" for this statute is simply a "cessation of movement" so if your tires stopped rolling then you stopped. There is no requirement to stop and count to five although this is a common suggestion and a good idea since is makes you consciously stop and make sure it is clear to proceed. I suppose a state might have the 5 second law to guarantee that you do stop and that an officer can easily tell the difference. Although again I cant see writing a ticket for a 3 second stop instead of 5 if it was obviously a stop.

I suggest you look up your states law on this and see what it says. If it does indeed say you must stop for 5 seconds then I guess an officer who was looking for this could easily testisy in court that he knows the difference between 3 seconds and 5 and he counted and it was only 3 there is a noticable difference and technically would still be a violation I guess.

Answer 3

What does "there were no cars" have to do with how long you stopped? By mentioning that there were no cars, really and truly, it sounds as though you are justifying NOT stopping for more than a second...

In Texas, you have to stop for 4 seconds at least. I figure I'll stop, look both ways, make sure nothing is coming (even if there are no cars) and that will account for at least 4 seconds.

If you know you stopped for at least 4 seconds and were unaware that 5 was the minimum, then simply take it to court.

Was it fair? Ok, you said you stopped for 3 or 4 seconds. The cop said 5 was the minimum. So, yes, it was fair. But, since you did come to a complete stop, as you say, then take it to traffic court.

Answer 4

Are you trying to say that the police were not there in a car? Was it a camera stop that took pictures?
As far as I know, all you have to do is make a complete stop, not a 5 second stop! That would cause traffic to back up at every stop sign!! That is an outrageously long amount of time.
You should call legal aid, ask about the law, and fight the ticket if you did make a complete stop. A moving violation will adversely affect your insurance premiums, which will cost you quite alot in the long run.

Answer 5

You can always appeal your ticket in court, you know. If you do, the police will present the evidence in a form of a tape that recorded your actions. All police cars are equipped with cameras in now days and every stop is being videotaped. This way the judge can actually see and count the amount of time your car spent at the stop sign.

Answer 6

The Cop was looking to someone to ticket. Appear in court and explain it to the judge. There is an excellent chance the case will be dismissed. However, of the Judge says you must pay the ticket, politely request that the court accept the fine and, because the circumstances call for it, also dismiss the case so it won't appear on your driving record in the interest of justice. Most Judges will do this.

Answer 7

Yes it is fair pursuant to the letter of the law.

When you go before the Justice of the Peace to argue the point, he will base his decision on the spirit of the law. If the officer admits that you stopped for any amount of time, the JP won't split hairs and will rule in your favor.

Answer 8

The law where you live says 5 seconds, Id haveta see that for myself
most places say only that you have to come to a complete stop. show me!

Answer 9

Sadly it happens all the time. If the police would be more diligent in their need to stop illegals , drunk drivers and crimianl activity, these silly things would be obsolete. No, it's not fair but no one ever said it would be.

Answer 10

It may not be fair,however,it's his word against yours. you have a great arguement,though you will have to save it for court. I think that you could win if you present your arguement to the judge with total respect. You have the fact that he admitted to you that you stopped, but not for the required amount of time(so he sais) but without factual proof it would seem that he couldn't prove it. Right?