Is it possible to get a lack of supervision ticket thrown out if the officer pulled me over for failing to stop at a non existent stop sign?

The officer pulled me over for failing to
conpletely stop at a stop sign. But, the
intersection I was had gone through had no
stop sign

Asked on May 30, 2016 under General Practice, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a ticket which is factually incorrect can be dismissed at court, either voluntarily by the prosecutor (if he/she deems that it would be wrong or pointless to continue) or by the order of the judge (if the judge deems that there is no factual and/or legal basis for the cited offense in this case). You do have to go to court for this: it won't be thrown out ahead of time. Take and print (you need hardcopy) photos of the intersection from every angle, including (ideally) shots showing the street names/signs for identification purposes: this will be strong evidence that there is no stop sign. And look up the exact statute you were cited for violating, and make sure that it doesn't in fact cover more than an an absence of a stop sign--for example, could it also be failure to stop at a fully unregulated intersection, to check for intersecting traffic? Some of those NJ traffic statutes mean more than their titles, suggest, and before you make a strong argument on this basis, you want to know exactly what you could be liable for.

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