- 1). Take stock of the situation as the police officer pulls you over. Ask yourself what, in your opinion, occurred and think about any misconceptions your actions may create. Be courteous and respectful toward the officer, watching carefully what you say or do, because the officer can use your actions and words against you in court.
- 2). Look for witnesses. Check to see if any pedestrians or other drivers are around, and ask any passengers in your own vehicle what they saw. If the police officer believes that your failure to stop caused an accident, be sure to obtain a copy of the police report and contact the listed witnesses yourself to get their story. Better yet, compile your own list of witnesses immediately following the incident.
- 3). Revisit the scene. Note any obstructions that would make it difficult to see the stop sign in time to stop quickly and completely. Such elements can greatly assist your defense.
- 4). Sit in the location the police officer was in when he saw you commit the violation. Take a photograph from that perspective, especially if the officer's view of the scene was not very clear.
- 5). Check the white line that indicates where your vehicle should stop at the stop sign. If the line is hard to see or faded, this may be an additional defense, especially if the officer wrote on your violation that you did not stop behind the white line.
- 6). Read the traffic laws that apply in the area in which the alleged violation occurred. Check all requirements for stopping at a stop sign. For example, if the officer wrote on the violation that you did not stop long enough, check the code to make sure there is a required amount of time that you must wait. Even if there is a time requirement, make sure the officer actually timed your stop rather than estimating. If it was an estimate, you could argue that the officer's perception of how long you stopped was off.
- 7). Appear for all court hearings in the matter. If the officer does not show up in court to testify, then request a dismissal of the case. The prosecutor was not there and cannot attest to the circumstances surrounding the violation. Without a witness, the prosecutor has no case.
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