Violating A Stop Sign
Violating a stop sign is prohibited under Ohio Revised Code Section 4511.43(A). Under this code section, except when directed to proceed by a law enforcement officer, the driver of a vehicle approaching a stop sign must stop at a clearly marked stop line. If there if there is no stop sign, then the driver must stop at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. Additionally, after having stopped, the driver must yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.
Violating A Stop Sign On A Private Residential Roadway Or Driveway
Stop signs may be erected and enforced on certain private residential roadways and driveways under Section 4511.432. Under this code section, the owner of a private road or driveway located in a private residential area containing twenty or more dwelling units may erect stop signs at places where the road or driveway intersects with another private road or driveway in the residential area.
For such stop signs to be enforceable, a sign must be posted at the entrance of the private road or driveway that is in plain view and clearly informs entrants as follows: that they are entering private property; stop signs have been posted and must be obeyed; and the signs are enforceable by law enforcement officers under state law. Each stop sign must be sufficiently legible to be seen by an ordinarily observant person. Each stop sign must also satisfy the department of transportation’s specifications.
Penalty For Violating A Stop Sign
Violating a stop sign ordinarily is a minor misdemeanor. The potential penalty for a minor misdemeanor traffic offense includes the imposition of a fine of up to $150, up to 30 hours of community service and court costs.
But if, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, then violating a stop sign is elevated to a fourth-degree misdemeanor. The potential penalty for a fourth-degree misdemeanor traffic infraction includes the imposition of a jail term of not more than 30 days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $250 and court costs.
And if, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, then violating a stop sign is elevated to a third-degree misdemeanor. The penalty for a third-degree misdemeanor traffic infraction includes the potential imposition of a jail term of not more than 60 days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $500 and court costs.
Community control sanctions generally can include residential placement, house arrest, drug/alcohol testing and treatment, specified education and training, community service, curfew, probation, etc. Under certain circumstances, the court also may order an offender to pay restitution to any identifiable victim who incurred an economic loss as a result of the violation.
Points Assessed For Violating A Stop Sign
A conviction on a traffic ticket for violating a stop sign carries two points in Ohio on an offender’s driving record. For more information on how the Ohio Bureau of Motor Vehicles (BMV) processes points for moving violations and the substantial penalty for excessive points accumulation, press Ohio BMV Points System.
Contact A Columbus Traffic Lawyer To Discuss Your Ticket
Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines and potentially having to do it all over again if the case is ever continued.
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