Failure to Stop ticket - private property, tree covering sign

[scotte23]

I just received a ticket for failure to stop at a stop sign while exiting a parking lot onto a side street. I plan to dispute the ticket and would like some suggestions as to what I should focus on in court.

The details are:
The stop sign was not put up by the municipality but rather by the owner of the parking lot. The stop sign is clearly not the same ones used by the city as it looks homemade and is nailed to a wooden post.

Does the fact that this is a stop sign installed by the owner of the property help me at all?

At a distance the stop sign is completely hidden by a tree. Only when you get to within 10 feet of the sign does it become visible. I have a photograph showing this.

From the angle where the police officer was he could only see in front of the stop sign. If I had stopped a couple feet before the sign he wouldn't have been able to see it. I also have photographs taken from his viewpoint showing his limited visibility.

I don't remember exactly but my guess is that I did not come to a complete stop. I was making a right hand turn onto a very quiet street and saw no traffic coming either direction.

Of the details above is there any one thing that will automatically get me off or should I present them all together? I know there's a fine line between saying too much and not saying enough...

Thanks.

Scott
British Columbia, Canada

 

[Sibee]

I got though writing my post before seeing your from Canada. So did this happen in Canada or US? I'm sorry but I know know about US laws.

 

[lwpat]

Normally there is a general "catchall" statute that requires you to stop prior to entering a street from a private drive whether there is a stop sign or not.

 

[scotte23]

Thanks for the replies. This did happen in BC, Canada. If there is a "catchall" clause for stopping then my argument will be better off being based on the hidden stop sign and the fact the the police officer had very limited visibillity and couldn't have seen me stop prior to reaching the sign. I've attached the photo showing the hidden sign. Hopefully a combination of all these factors will be enough to save me the $200 fine!

If you look closely you can see the wooden post the stop sign is nailed to. Like I said it doesn't become visible until you're past the bushes and within a few feet of the sign.

 

[triplesec]

mistake of fact

if it's obscured, private road oir not, you can claim that it was obscured and therefore a mistake of fact. At least in california you can. I suspect there's a similar statute in BC.

Also, I suspect it's not a legal sign but you'll have to do some research on that.

 

[ChrisWarren57]

Don't know Canadian traffic laws but in Texas one must stop before entering a public street from a private drive.

The post for the stop sign is visible from the street. As you say, though, it would be difficult to see your vehicle from the street if you stopped at the stop sign. By the same token, however, you could not see traffic on the street while stopped at the sign.
You would have to pull forward past the stop sign and stop in order to see if traffic allowed you to proceed safely into the public street.

I'm reasonably certain that is what a judge would tell you right before he tells you how much your fine is going to be.