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I will be in court soon due to citation I got for a "rolling

pause" at a stop sign...
I will be in court soon due to citation I got for a "rolling pause" at a stop sign - I guess I am being fined the same amount as if I did not stop at all at the stop sign. What happened was that I did stop at the stop sign (at a 4-way stop intersection) but then I drove through right away because there was no cars or pedestrians at the intersection (I guess I did not stay in the stop position long enough). Is there anything in court I can say or present in order that would render me not guilty or would take away or reduce the fine? Thank you.
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5/17/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 20,427
Experience: Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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Hello,

A rolling stop or what is otherwise called a "California stop" is not considered a stop under the law. The only defense that you would have is if you can convince the court that you came to a complete stop at exactly the place the law says you must, and looked for oncoming traffic, saw none, and proceeded. If the police officer shows up and testifies that you didn't come to a complete stop, then the court is likely to believe them (unless they have a bad history with that particular judge.) However, if the police officer doesn't show up at all, then you simply need to ask the court for dismissal of your ticket, since the State has the burden to prove their case with a witness.

Sometimes the judge will give the State one continuance to get the PO there, but often they won't if the PO was subpoenaed and didn't show.

Please feel free to ask for clarification if needed. If none is needed, then if you could let me know that I covered your question and also leave a positive rating in the ratings box on this page, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 6 months ago
Is there a particular number of seconds you have to be in the stop position in order not to be considered a "California stop?"

Tell me what State you were ticketed in and I can check. I doubt it, as that would be unusual. The norm is just a perception of a "complete" stop where all wheels stop and it must not be after the stop sign. But again, if I know your State, I can double check.

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Customer reply replied 6 months ago
Nevada

No set time, just "stop." Here is a link to the statute: http://law.justia.com/codes/nevada/2010/title43/chapter484b/nrs484b-257.html

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Customer reply replied 6 months ago
I guess that's all the advice at need at this time. Thank you.

You're very welcome.

Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 20,427
Experience: Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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