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Ok, I'm not defending my wife on this one...
Posted: Sat Mar 04, 2006 8:51 pm
by stevie_d_64
Ok,
Long story short...
Nighttime...
Pasadena...
Stop sign...
Failed to stop properly...Pasadena's finest generating revenue...(thats respectable sarcasm
)
Ticket...
$215 buckaroos...
Summary...
I went out there today to scope the intersection...The stop sign is turned in such a way that it is hard to determine if the sign is for both directions of thru traffic, or for just one direction...
There is no illumination (light) at this intersection to improve visibility of any traffic control devices...Not that you need it because most traffic indicators have reflective qualities which helps see them, but only if your beams hit them dead on, most of the time...
My argument is this...Obviously she broke the law, got a ticket, and should pay it...But if it was a lie in wait situation, and since she did stop, but only slightly past the plain of where you should stop per the sign...
If all the factors are added up, should we fight this, or seek deferred adjudication and do the defensive driving class and pay whatever fine and fees and move on???
I personally think it was chicken-poop to write the citation in the first place...Since it was a low to zero volume traffic intersection, it was at night, no excessive speed was a factor (she "Wife Unit" drives slower than my grandma going backwards to church on Sunday)...
She just simply missed the proper mark to stop...And now we are on the road to being $215 lighter in "my" wallet...
I'm not at all bitter, I am just exploring options...And open for suggestions from both sides of the aisle...
Posted: Sat Mar 04, 2006 9:15 pm
by one eyed fatman
I would certainly fight it. Why pay a 215.00 fine when you can pay a lawyer 500.00 to get it dismissed.
Posted: Sat Mar 04, 2006 9:19 pm
by onerifle
Steve-
David S. Sprecher
713-639-2600
Re: Ok, I'm not defending my wife on this one...
Posted: Sun Mar 05, 2006 12:01 am
by Chris
fail to stop properly? how do you stop properly? either you do or you don't.
i can only think of two stop sign offenses; fail to stop at stop sign and fail to stop at proper place. what's the statute that was written?
Posted: Sun Mar 05, 2006 1:14 am
by KBCraig
I understand your frustration about poorly marked intersections. But the law says that if you stop past the stop line, it's the same as running a red light.
From the Transportation Code:
§ 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL.
( . . . )
(d) An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection.
( . . . )
(g) This section applies to an official traffic-control signal placed and maintained at a place other than an intersection, except for a provision that by its nature cannot apply. A required stop shall be made at a sign or marking on the pavement indicating where the stop shall be made. In the absence of such a sign or marking, the stop shall be made at the signal.
If the intersection doesn't seem to be clearly marked, you could have an argument.
Kevin
Posted: Sun Mar 05, 2006 8:15 am
by stevie_d_64
one eyed fatman wrote:I would certainly fight it. Why pay a 215.00 fine when you can pay a lawyer 500.00 to get it dismissed.
Yeah, I figured that would factor into the deal...
But its just the principle of the whole thing, ya know, maaannnn?
Re: Ok, I'm not defending my wife on this one...
Posted: Sun Mar 05, 2006 8:28 am
by stevie_d_64
Chris wrote:fail to stop properly? how do you stop properly? either you do or you don't.
i can only think of two stop sign offenses; fail to stop at stop sign and fail to stop at proper place. what's the statute that was written?
I have not seen the citation yet...
But from what she says "he said"...He stated that he observed her roll "partially" through the stop sign, then stop...
She told me that she does understand she rolled through the "traffic control indicator/device" and when she realized she did, she stopped...Her vehicle was not fully into the intersection but about half of her vehicle was bi-sected by the plain where the stop sign "line" would have been, which it wasn't, in her estimation...
You can rack up a bunch of mitigating factors in this one, and truely she did screw up...But I really have seen her do worse...
Everyone messes up from time to time, and nobody is above the law or should be given any leeway, thats up to the discretion of the enforcing officer...
I got tagged for 60 in a 45 late last year...It was a feeder road leading up to the entrance to the Gulf Freeway International Speedway...So go figure if I wanted to merge safely into the flow of the traffic on that thing...But I accepted it and moved on...
I just keep scratching my head on this one...
I obviously value everyones input on this, regardless of how it turns out...Thats why I floated it out there...
I also think it was important to point out she has been properly indoctrinated to not expect any special treatment or consideration for following the law in "notifying" the officer by handing him her CHL per the law...
If anything, its a good discussion to have from time to time here...
Posted: Sun Mar 05, 2006 8:31 am
by stevie_d_64
KBCraig wrote:I understand your frustration about poorly marked intersections. But the law says that if you stop past the stop line, it's the same as running a red light.
Kevin
Yep, I totally agree...I'm just hacked that she got caught...
Posted: Sun Mar 05, 2006 9:30 am
by ElGato
Well Stevie just pay it for her and chalk it up as one of lifes little speed bumps, we have to pay for our mistakes ( and our wife's and our son's and our daughter's )
Too put it in perspective,it's all in the way you look at it, it's only going to cost about what she was going to spend on her next new outfit.
Or a full case of 45 ammo! Or a new Holster and Mag Holder!
OOOH MY GOD !!!
Posted: Sun Mar 05, 2006 9:32 am
by Greybeard
I can think of more than one intersection around here where, if one stops at the line, it is then necessary to slowly pull forward to be able to see (around fences, trees, etc.).
If she did come to a complete stop, methinks the cop may have been just having a real slow shift ...
Re: Ok, I'm not defending my wife on this one...
Posted: Sun Mar 05, 2006 12:26 pm
by txinvestigator
stevie_d_64 wrote:Ok,
Long story short...
Nighttime...
Pasadena...
Stop sign...
Failed to stop properly...Pasadena's finest generating revenue...(thats respectable sarcasm
)
Ticket...
$215 buckaroos...
Summary...
I went out there today to scope the intersection...The stop sign is turned in such a way that it is hard to determine if the sign is for both directions of thru traffic, or for just one direction...
There is no illumination (light) at this intersection to improve visibility of any traffic control devices...Not that you need it because most traffic indicators have reflective qualities which helps see them, but only if your beams hit them dead on, most of the time...
My argument is this...Obviously she broke the law, got a ticket, and should pay it...But if it was a lie in wait situation, and since she did stop, but only slightly past the plain of where you should stop per the sign...
If all the factors are added up, should we fight this, or seek deferred adjudication and do the defensive driving class and pay whatever fine and fees and move on???
I personally think it was chicken-poop to write the citation in the first place...Since it was a low to zero volume traffic intersection, it was at night, no excessive speed was a factor (she "Wife Unit" drives slower than my grandma going backwards to church on Sunday)...
She just simply missed the proper mark to stop...And now we are on the road to being $215 lighter in "my" wallet...
I'm not at all bitter, I am just exploring options...And open for suggestions from both sides of the aisle...
Steve, in all fairness, you have no idea what actually happened. All you know is what she told you. Is it possible she stopped after she saw him and decided not to continue her roll thru?
That said, if she truly feels she was wronged she should fight it. Its her right under our judicual system.
Posted: Sun Mar 05, 2006 8:25 pm
by jbirds1210
Stevie,
I made it over to the Pasadena show today......you should have seen the stuff one could pick up for around $215.00...it was really something.
Posted: Sun Mar 05, 2006 9:23 pm
by Chris
jbirds1210 wrote:Stevie,
I made it over to the Pasadena show today......you should have seen the stuff one could pick up for around $215.00...it was really something.
if that's not a kick in the nads...
Posted: Mon Mar 06, 2006 7:30 am
by stevie_d_64
Chris wrote:jbirds1210 wrote:Stevie,
I made it over to the Pasadena show today......you should have seen the stuff one could pick up for around $215.00...it was really something.
if that's not a kick in the nads...
No kidding...I felt this one before I even saw the post...
El Gato couldn't wait to tell me this at PSC last night...
I'm still sore this morning...
Re: Ok, I'm not defending my wife on this one...
Posted: Mon Mar 06, 2006 7:35 am
by stevie_d_64
txinvestigator wrote:stevie_d_64 wrote:Ok,
Long story short...
Nighttime...
Pasadena...
Stop sign...
Failed to stop properly...Pasadena's finest generating revenue...(thats respectable sarcasm
)
Ticket...
$215 buckaroos...
Summary...
I went out there today to scope the intersection...The stop sign is turned in such a way that it is hard to determine if the sign is for both directions of thru traffic, or for just one direction...
There is no illumination (light) at this intersection to improve visibility of any traffic control devices...Not that you need it because most traffic indicators have reflective qualities which helps see them, but only if your beams hit them dead on, most of the time...
My argument is this...Obviously she broke the law, got a ticket, and should pay it...But if it was a lie in wait situation, and since she did stop, but only slightly past the plain of where you should stop per the sign...
If all the factors are added up, should we fight this, or seek deferred adjudication and do the defensive driving class and pay whatever fine and fees and move on???
I personally think it was chicken-poop to write the citation in the first place...Since it was a low to zero volume traffic intersection, it was at night, no excessive speed was a factor (she "Wife Unit" drives slower than my grandma going backwards to church on Sunday)...
She just simply missed the proper mark to stop...And now we are on the road to being $215 lighter in "my" wallet...
I'm not at all bitter, I am just exploring options...And open for suggestions from both sides of the aisle...
Steve, in all fairness, you have no idea what actually happened. All you know is what she told you. Is it possible she stopped after she saw him and decided not to continue her roll thru?
That said, if she truly feels she was wronged she should fight it. Its her right under our judicual system.
Yep...Thats the plan...
But, I do know how she drives, and seeing how she has not gotten a ticket in about 12 years of blissful companionship...that I know of...
We'll have to see...