<VV> Traffic Puzzle

[jtwiley95 at netscape.net]

Dear Grant,

     As an accident investigator for a major insurance carrier, I think you have an excellent chance at beating the ticket if the other party admits that he waved you through.  He has the right of way, your duty is to yield to traffic on the uncontrolled roadway.  If that party (76 Buick) then yields to you, you have not proceeded without clearance from a stop sign.  You have not breeched your duty at the stop sign.  

You do not state in which state this so called infraction happened, so I cannot speak specifically, however, most states laws are quite similar.  Check the statute, (the number should be on your ticket) on your states web site.  Most Duties at Stop Signs Statutes read something like... 

"the driver approaching an intersection controlled by a stop sign must stop at the clearly marked line or crosswalk, or point nearest the intersecting roadway where said driver can observe approaching traffic on the roadway to be crossed.  After stopping, said driver must yield to any pedestrian in a crosswalk, or vehicle in the intersection or approaching on another roadway so close as to constitute a hazard."

By your account you did stop, and you did yield to the other driver, thus you commited no infraction.  I am assuming that there was no collision, and that the other driver remained stopped while you crossed in front of him.  If the other driver yielded but then "changed his mind" so to speak, you would likely be proximate cause for any accident that resulted as he would have right of way. 

If the other driver remained stopped throughout this event, I would think you have an excellent chance at getting the ticket dismissed.  That being said, there are many variables in play and local police/judges may not be receptive to the argument however "correct" it may be.  If you have more questions or can give some more specific information, feel free to contact me off list.


-- 
John T. Wiley
Corsa/PCA member
66 monza vert 95/PG
e-mail: jtwiley95 at netscape.net
www.frappr.com/66monzavert 


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