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socrateaser
socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 38566
Experience:  retired (mostly)
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This question concerns stopping at a stop sign that has NOT

Customer Question

This question concerns stopping at a stop sign that has NOT been installed within the prescribed 5'-50' distance from the main intersection. Case in point: There is a stop sign installed on an entry/exit road at an elementary school 68'3" from a major road. The argument is that because of the location, the credibility of the sign is void - therefore, there is no requirement to stop at the point of placement (there is no stop line painted on the road surface). The other side of the argument is that regardless where the stop sign is placed, traffic must stop at that point before continuing on toward the intersected road.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  socrateaser replied 1 year ago.
The legal argument is that if the stop sign is not placed within the limits prescribed by law, then it is not a lawful traffic control device, and therefore, it is legally impossible for defendant to have violated a failure to stop or observe. It's actually a pretty simple legal argument, as long as you can prove that the sign is placed beyond the legal distance from the intersection. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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