My question involves a traffic ticket from the state of: Texas (Harris County)
Context: I was following a police car down a side street in Houston. We both arrived at a stop sign (I was behind) in an intersection where cross traffic does not stop. The officer was stopped for a duration of longer than 5 seconds waiting for traffic to pass. I was right behind him and had clear view of the approaching traffic. Once the officer proceeded with a right turn, I continued making a "rolling stop" before I proceeded. I was immediately pulled over for "Running a Stop Sign". There was no clear stop line as this has been faded away.
As stated in the law (Sec. 544.010) "In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway". Can I use a defense of being stopped behind him for longer than 3 seconds with a view of approaching traffic?. I told this to the officer when he had me pulled over. He said that each car must stop "AT" the stop sign, however with no clear line how I'm supposed to know the exact point. Btw, he was a complete jerk ignoring me and saying "Explain it to the judge!"
If I contest the ticket with Judge Trial I would lose the ability to do Driving Safety Course and pay $114 instead of $239. I just want to understand if I have a fair chance of succeeding and if so what approach should I take.
Thanks!
Context: I was following a police car down a side street in Houston. We both arrived at a stop sign (I was behind) in an intersection where cross traffic does not stop. The officer was stopped for a duration of longer than 5 seconds waiting for traffic to pass. I was right behind him and had clear view of the approaching traffic. Once the officer proceeded with a right turn, I continued making a "rolling stop" before I proceeded. I was immediately pulled over for "Running a Stop Sign". There was no clear stop line as this has been faded away.
As stated in the law (Sec. 544.010) "In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway". Can I use a defense of being stopped behind him for longer than 3 seconds with a view of approaching traffic?. I told this to the officer when he had me pulled over. He said that each car must stop "AT" the stop sign, however with no clear line how I'm supposed to know the exact point. Btw, he was a complete jerk ignoring me and saying "Explain it to the judge!"
If I contest the ticket with Judge Trial I would lose the ability to do Driving Safety Course and pay $114 instead of $239. I just want to understand if I have a fair chance of succeeding and if so what approach should I take.
Thanks!
Traffic Lights, Signs and Controls: How to Contest a Running a Stop Sign Traffic Ticket in Texas
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