Legal Question in Traffic Law in New Jersey

NJ- Failure to Stop at STOP sign

I approached a T-shape junction, there was no incoming traffic so I did not do a complete stop & made a right turn. Then I saw two police cars parked on an empty space on my right, their cars facing my passenger side. They pulled me

over & told me that there was a STOP sign & I didnot do a complete stop before turning right.

Just to see if there was a STOP sign, I went again the same path later that day & saw that it is difficult to see the STOP sign because there are some trees obstructing the view as you approach the T-junction. You won't be able to see the STOP sign unless you reach very near to it & look up. The sign seems to be installed little bit high as it is on an elevated ground.

Also I did not see the police cars due to the same reason, & I also realized that it is difficult for them to see if my car stopped at the sign or not, since they were parked at a good distance & there were trees in between.

Is there a chance of dismissal of this charge if I give the prosecutor this reason, show some photos to prove this & plead not guilty.

Right now I don't have any points on my record & I dont want any . On the ticket,the court appearance is UNCHECKED.

I need your advice.

Thanks.


Asked on 6/27/07, 10:51 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: NJ- Failure to Stop at STOP sign

Take photographs immediately to show that the stop sign was obscured. You'll probably be found not guilty.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/27/07, 11:09 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: NJ- Failure to Stop at STOP sign

I have to disagree with Mr. Moore on this one, but it all depends on the luck of the draw with regard to the prosecutor. I do agree that you should go there and take pictures, but the chances of dismissal are slim. Can't hurt to try though.

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Answered on 6/28/07, 10:50 am


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