Q: Cited for 21-707 -Failure to Stop at Stop Sign Line, but Location of Offense listed is where officer pulled me over?
I received a citation for 21-707(a) "Failure to Stop at Stop Sign Line", but the "Location of Offense" lists an intersection near where the Officer pulled me over. He had said he pulled me over for not coming to a full stop at a stop sign in a nearby parking lot, and there is no stop sign on the road I was driving on at the intersection listed. Does it matter that the location listed is inaccurate?
A: The citation should accurately list the location at which the violation occurred, and if evidence is presented that the location of the offense has no stop sign, it is conceivable, if you have a trial, that you could be acquitted due to a variance in the charging document and the evidence presented. The question is whether you want to hire an attorney to provide you with the best opportunity to contest the citation or "go it alone." Be forewarned that in Traffic Court, a judge could allow the Officer to amend the citation by identifying the correct location, if the Officer attempts to do so. A well qualified attorney would likely prevent that from happening.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.