New York State Stop Sign Violation
Written By: Benjamin Goldman, Esq.
The relevant statute is VTL 1172 (a) and the wording of the statute is as follows:
Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the provisions of section eleven hundred forty-two.
The exact point of the stop is clear when there is a marked stop line. Without the line, the exact point where you need to stop is not 100% clear. However, is a very rare that an officer will issue a stop sign ticket when there is a full stop somewhere near the stop sign, unless the stop was obviously late and in response to another car or in response to the driver noticing the officer.
Please note there is no technical or legal difference between a “rolling stop” and totally disregarding the stop sign. It is the same fine and the same points and is reflected on your driving record in the same way. A conviction of this charge carried three points. The exact fine is up to the judge and the maximum is $150 +$93 mandatory surcharge. Insurance companies are known to raise their premiums with such a violation appearing on your abstract.
If you were cited with VTL 1172(a), you may want to consider fighting the charge. Even if in fact you did not stop at the stop sign there are solutions that would allow you to avoid the violation from appearing on your driving record. A New York traffic lawyer can file the Not Guilty plea on your behalf and go to court instead of you as necessary.
The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our law office has handled many stop sign tickets. We are often able to get them dismissed or reduced to parking tickets. You can feel free to contact us about your specific case. We will be glad to review your options and discuss how we can help.