car on road, stop written out

How to Fight a Rolling Stop Ticket

New York law is clear – when you encounter a stop sign while driving, you must stop your vehicle and ensure your path is clear before proceeding. Not everyone does this, however. 

Some drivers may slow down as they approach a stop sign but never fully stop before proceeding on their way. This is known as a “rolling stop,” and it is illegal under New York law.

A police officer who sees you commit a rolling stop can pull you over and issue you a ticket. Many drivers would just as soon pay the ticket and go on with their lives, even though a conviction for failing to fully stop at a stop sign could impact your driver’s license and insurance rates.

Is it worth fighting a traffic ticket in New York?

Common thinking says you should not bother fighting a traffic ticket because the chances of succeeding are very low. You might feel as though you cannot win in a rolling stop trial because it will be an officer’s word against your word, so you conclude that the court will always take the officer’s side. 

Moreover, when it comes to running a stop sign or using a rolling stop at a stop sign, the law does not require the prosecution to prove that you intended to disobey the law. 

Nonetheless, there are several reasons why you should consider fighting your ticket, including:

  • If you are truly innocent, you may not want to plead guilty to a crime
  • You may want to avoid points on your driving record
  • You want to protect your car insurance from a rate increase
  • Law enforcement unfairly targeted you

Whatever your motivation for wanting to fight your ticket might be, do not squelch that desire to fight your ticket by believing false narratives about your case. You may have a valid defense that can either lead to your acquittal or a reduction of the fines and penalties.

Defenses to a Rolling Stop Ticket

If you are stopped and cited by officers for running a stop sign using a rolling stop, consider whether one or more of the following defenses might apply to your situation:

The Officer Could Not See Your Violation

If there is no car video camera recording of your alleged violation, consider whether the officer had an adequate vantage point to see you go through a stop sign using a rolling stop. 

Trees, weather, or any other number of factors may have created a situation where the officer could not reasonably have seen your car at the time of the alleged violation.

You Came to a Near-Complete Stop

You could be found guilty of committing a rolling stop even if you intended to stop fully. But a court may have leniency on you if it believes you did attempt to comply with the law. 

The court may reduce the fine or charge or dismiss it entirely and is more likely to dismiss the ticket if there are other flaws with how the officer completed the ticket.

Winning by Default

Finally, you may win your rolling stop ticket case by default. If the officer who wrote your ticket does not appear in court to testify about your alleged violation, the prosecution will have an extremely challenging time proving your traffic violation. As a result, the court or the prosecutor may simply dismiss the case.

Contact Experienced Central New York Traffic Violations Attorneys

If you are charged with running a stop sign or any other traffic violation, contact New York Traffic Ticket Lawyers today. We will take the time to understand your case, advise you on what resolutions are possible, and work to get you the best outcome possible.

Call the central New York traffic ticket violation attorneys at New York Traffic Ticket Lawyers today.

David Hammond, Esq. is a traffic offense lawyer and prosecutor that has over a decade of experience fighting for the rights of service members and their families. He served nine years and went on two combat tours as an active duty US Army officer. He then joined the Reserves and moved to Syracuse to be near his family. Not only does he defend the rights of Central New Yorkers, but he also has a veteran-focused practice. David represents servicemen and women before the military appellate courts and takes cases to fix service members’ military records. If you have any questions about this article, you can contact David by clicking here.