jeudi 24 mars 2016

Traffic Lights, Signs and Controls: Stop Sign Defense - Not Guilty of All Parts of Statute

My question involves a traffic ticket from the state of: Indiana

I have been accused of violating Indiana Code 9-21-8-32 which says:

"A person who drives a vehicle shall stop at an intersection where a stop sign is erected at one (1) or more entrances to a through highway that are not part of a through highway and proceed cautiously, yielding to vehicles that are not required to stop."

I was ticketed for a rolling stop at a four way stop when there were no other cars on the roads near the intersection (daytime, clear weather, dry road)

My intended defense is that there is no evidence that I did not proceed cautiously (I slowed enough to determine if it was safe to proceed, no accident, no near miss) and no evidence that I failed to yield to vehicles (no other vehicles).

My defense is based on the assumption that to be guilty of 9-21-8-32, I must be guilty of all parts. Is this valid? Is there any way of finding what part of the law that says a person must be guilty of all parts of law to be guilty at all? I'd like to be able to reference this.

Thanks in advance!


Traffic Lights, Signs and Controls: Stop Sign Defense - Not Guilty of All Parts of Statute

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