Illinois Statute: 625 ILCS 5/11-1204
Disregarding a stop sign is a very common citation in Illinois. You may get this ticket if you roll through a stop sign without coming to a complete stop. Or you may get this if you stop well beyond a clearly marked stop line. Either way, you should consult with an experienced traffic attorney to see if legal representation is right for you.
Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection OR in the event there is no crosswalk, shall stop at a clearly marked stop line, BUT IF NONE, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic before entering the intersection.
This is a petty offense with a maximum penalty of up to a $1,000 fine.
You CAN receive court supervision if you are guilty of this offense. Court supervision can prevent a disregarding a stop sign citation from going on your driving record. You must comply with the terms of supervision (i.e. pay your fines and complete your traffic safety school) in order to satisfy supervision.
Small fine plus court costs ($226) and a period of court supervision.
This is a Court Supervision eligible offense. A driver’s eligibility is mostly based on age and prior driving history.
Read more about Court Supervision.
Can you be convicted of this offense?
Yes, this depends on several factors, including your age and prior driving record.
Rolling a stop sign: At trial, a police officer will testify that he is looking for the vehicle to come to a complete stop indicated by a rocking back motion.
Stopping beyond the stop line: If a police officer is being picky, if you stop with any of your tires over a clearly marked stop line, he can issue a citation.
Stopping in a cross walk: If there is no stop line at an intersection with a stop sign (rare), but there is a crosswalk, you need to come to a complete stop before your tires enter the crosswalk.
Be careful, this type of citation can lead to DUI investigations, searches for illegal transportation of cannabis in a motor vehicle, or the discovery of a suspended license or no insurance.
Fighting Stop Sign Tickets
Generally, stop sign tickets can turn into a “he said, she said” situation. However, with more squad cars being equipped with dash cam footage, trial can be rather difficult. The statute is fairly definitive, but there are definitely situations that the government cannot prove.
Some obvious defenses include evidence of stopping, the evidence of a faded stop line or crosswalk, or a poor view of the intersection from the officer’s vantage point. Many questions can be asked of an officer or witness on cross examination regarding these possible defenses.
In some cases, an accident occurs that causes an officer to issue a disregarding a stop sign citation. In this scenario, a trial should always be requested. Its always a good strategy to make civilian witnesses show up for trial because, oftentimes, they fail to appear for trial and the prosecutor has to dismiss the charge on the trial date.
When it comes to stopping versus rolling, or clearly marked lines, there is a lot of room for debate and a qualified trial lawyer should be employed if you wish to contest your stop sign ticket.