Written by Gregory Monte.
If this blog title describes your current state of mind, then take a moment to read about what I discovered after spending three months attempting to find a sure-fire way to win in court. My son proved that my strategy worked – he won his case in the Wayne County, PA Court of Common Pleas.
My ultimate goal is to see hundreds (thousands?) of fellow citizens clog up the traffic ticket courts by contesting their unfair tickets. But I don’t want them to just show up and waste time, which is why I am providing the information that you will find in this blog post. I highly doubt that most lawyers have done as much research on traffic tickets as I have, and I want this all to be available to as many people as possible.
There is one catch, however …
You have to be pissed-off enough like I was to be willing to represent yourself in court.
It may seem daunting at first, but when you have a solid case to support your position, the rush you will get from beating the system will be addictive. You will almost look forward to your next ticket, just so you get another chance to put the powers that shouldn’t be in their rightful place.
The powers that shouldn’t be expect you to be a proper little sheep (i.e. a “good” citizen), accept your fate, pay your ticket, and move along.
Screw that and screw them – you intend to have the last laugh.
In any case, here it is. I call it my Pennsylvania Stop Sign Defense Strategy in a Nutshell.
Obviously, this strategy is specifically designed for fighting stop sign tickets in Pennsylvania, but the concepts I discuss apply to most other types of traffic tickets in many other states. You just have to find a way to use it in your specific situation.
Point #1: If you were cited for failure to stop at a stop sign, you allegedly violated Title 75, Section 3323.
Point #2: A stop sign is an “official traffic-control device.”
Point #3: Title 75, Section 102 Definitions, defines an “official traffic control device” very specifically: “Signs, signals, markings and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.”
Point #4: In order for your stop sign to be considered an “official traffic-control device,” it had to have been placed or erected in a way “not inconsistent with this title.” In addition, it had to have been placed or erected “by authority of a public body.”
Point #5: My 32-question Checklist helps you to determine if both of these requirements have been met. If they haven’t, then your stop sign is not an “official traffic-control device” and so can’t be enforced.
Point #6: Furthermore, Title 75, Section 3111 (which I break down in Part Three of the Pennsylvania Stop Sign Ticket Defense) indicates that a driver only has to obey a traffic control device is if it “placed or held in accordance with the provisions of this title.” Once again, my Checklist helps you find all of the ways that your stop sign isn’t “held in accordance” with Title 75.
Point #7: Finally, plenty of case law supports my interpretation of Title 75. When you get into Part Two, Section Four of the Pennsylvania Stop Sign Ticket Defense, you will see that I cite twenty court cases. I show how judges from the Court of Common Pleas, the Superior Court and even the Supreme Court interpret Title 75 the way I do. Commonwealth v. Heenan, No. 1595-1981, Common Pleas Court of Schuylkill County is just one example: “It is clear, therefore, that a traffic-control device is an instrument approved and erected … Absence of such approval and placement renders the Commonwealth unable to enforce those sections of the code mandating the posting of such devices.”
Point #8: Hopefully I have piqued your interest with this short outline of the theory behind the Pennsylvania Stop Sign Ticket Defense. If you are serious about contesting your ticket, you owe it to yourself to take the time to read the rest.