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New York law requires that drivers who approach a stop sign come to a complete stop first before proceeding. However, many drivers only slow down and then keep moving. This is known as a “rolling stop” and it is considered a moving violation that can result in a law enforcement officer issuing a traffic citation.
Rolling stops are fairly common and lead to numerous traffic tickets being issued in Freeport each year. If you are one of the motorists who has received a ticket for a rolling stop, what are your options for defending against it? Michael A. Arbeit, P.C. takes a look.
What is a Rolling Stop?
Under New York’s traffic law, a rolling stop is a moving violation in which the driver fails to come to a complete stop. It is illegal for the driver to merely slow down and “roll” through the stop sign because the sign is there to prevent accidents and protect other drivers, motorcyclists, bicyclists, and pedestrians.
If you receive a rolling stop ticket in Freeport, you could be facing several serious penalties due to recent changes in state law. Among them are:
- Fines: The court may order the driver to pay a fine of up to $150 for a first offense. A second and third citation within 18 months can fetch fines of $300 and $450, respectively.
- Surcharges: A driver surcharge is like a tax on your fine, and many moving violations result in these surcharges being added to the cost of the ticket. It is about $88 on top of the fine.
- License points: The driver will also receive 3 points on their license. Multiple points could eventually result in a driver license suspension.
- Driver Responsibility Assessment: Receiving six points or more on a license within 18 months triggers a driver responsibility assessment fee, basically another fine of $300. The driver must also pay an additional $75 per point after the sixth one.
- Higher insurance premiums: Although a rolling stop may seem relatively minor, it is still a moving violation. This means your auto insurance premium may increase.
Possible Ways to Defend Against the Rolling Stop Ticket
Your Freeport traffic ticket attorney will investigate the facts surrounding your infraction and determine what sorts of legal tactics may be available. Although your attorney will need to go to court, there is a good chance they can work out a plea deal with the prosecutor or ask for a dismissal from the prosecutor or the judge. Possible defenses include:
- The stop sign was obstructed, for instance due to vegetation overgrowth, and you could not see it
- The lines at the intersection where you were supposed to stop are faded, missing, or difficult to distinguish
- Dashcam or other surveillance footage shows that you came to a complete stop
- The officer was unable to observe the actions of your vehicle based on their vantage point
- You almost came to a complete stop, indicating an intent to comply with the law, and the judge may have leniency
- The officer who issued the ticket does not show up in court, making it nearly impossible for the prosecutor to prove their case
- The prosecutor tries to admit a statement or evidence that is unreliable or inadmissible, which your attorney can challenge in court
Act Now to Defend Against Your Freeport Rolling Stop Ticket
Every driver is required to know the law, but each ticket has its own unique circumstances. Our job at Michael A. Arbeit is to uncover the evidence and then get to work developing a personalized legal strategy that seeks the best outcome to save you money and long-term costs. Reach out to us today to get started.