Written by Gregory Monte.
For a free PDF of this “nutshell” outline, click on the button below.
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: The 32-question Checklist in my Pennsylvania Stop Sign Ticket Defense 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 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.