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Failure to Stop at a Stop Sign

One of the most common traffic infractions is Failure to Stop at a Stop Sign. The applicable law is O.C.G.A. § 40-6-72


The law states that drivers must stop:

  • At a clearly marked stop line, or 
  • If there is no stop line, before entering the crosswalk on the near side of the intersection, or
  • If there is no crosswalk, at the point nearest the intersecting roadway where the driver has a clear view of approaching traffic on the intersecting roadway before entering it.

See the infographic on this page for a visual representation of these rules.


After stopping, drivers must yield the right of way to any vehicle in the intersection. They must also yield to vehicles "approaching on another roadway so closely as to constitute an immediate hazard while when such driver is moving across or within the intersection or junction of roadways."


There is one exception to the general rule. If an officer is directing traffic and waves a driver through an intersection, the driver may ignore a stop sign at the intersection.


Penalties for Failure to Stop at a Stop Sign

Failure to Stop at a Stop Sign is a misdemeanor criminal offense in Georgia. That means that it carries a maximum penalty of up to 12 months in jail. Furthermore, it carries the possibility of a fine of up to $1,000 plus court costs and fees. A conviction for this offense will also result in 3 points on your driver's license. 


Experienced Georgia traffic attorneys know that it is essential for most drivers to keep points off their records. Keeping points off your record prevents insurance rates from going up and protects your ability to keep driving. Click here to learn more about the points system in Georgia. 


Because multiple traffic tickets can affect your ability to drive, we always strive to negotiate a charge down to something like a Basic Rules violation. This offense is not reported to DDS and does not result in points on your license. Click here to read more about Basic Rules Violations.


Relationship to Other Offenses


Failure to Stop at a Stop Sign may not seem like a big deal. However, it can lead to an arrest on more serious charges, such as DUI. Of course, this depends on the circumstances. It can also provide evidence for a DUI Less Safe conviction.


To stop a person for DUI, a police officer must have reasonable suspicion that a person is driving under the influence. Failure to Stop at a Stop Sign can legally justify a stop, leading to a DUI investigation.


For example, in Sistrunk v. State, the Georgia Court of Appeals held that there was enough evidence to support a DUI conviction. In that case, the officer observed the defendant run a stop sign. After the officer stopped the driver, the officer observed that the defendant "smelled of alcohol" and believed the defendant was a less-safe driver. The court admitted that the evidence was "not overwhelming" but upheld the conviction. Sistrunk v. State, 287 Ga.App. 39, 651 S.E.2d 350 (2007). Confused about DUI Less Safe means? Read my blog post here.

How Can A Lawyer Help Me With A Failure To Stop At A Stop Sign Charge?


As discussed above, even seemingly small charges can have serious consequences, especially if your record is less than perfect. Our office knows that your case is important to you. I work hard to get every one of my clients the best possible outcome in their individual case and to help them feel comfortable with the process. Questions about how I can help? Call me today.




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Writer

Kevin Fisher


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