The police and courts define a stop sign violation as:
where the driver did not come to a “full and complete” stop at the stop sign.
Where the driver misses the stop sign or makes a “rolling or incomplete stop” the police officer may charge the driver with disobeying a stop sign. The stop must be full and complete:
- at the stop line, or if none;
- crosswalk, or if none;
- immediately before entering the intersection.
Many times a “stop” can be something that happens momentarily or for just a second or so.
The Highway Traffic Act does not specify how long the stop must be, only that it must be a full and complete stop.
The perception of the officer may be different from the driver, or even the view point maybe obstructed. Where the driver attends court and provides evidence to the court that is credible, the Justice may dismiss the charge.
During a trial a proper cross-examination of the police officer must be made. This ensures that the officer actually did witness the driver fail to stop and that the police officer has covered all of the legal technicalities of a stop sign ticket.