Cedar City v. Dearing

----ooOoo----

Cedar City,
Plaintiff and Appellee,
v.

Matthew T. Dearing,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000178-CA

F I L E D
December 21, 2000 2000 UT App377 -----

Fifth District, Cedar City Department
The Honorable Robert T. Braithwaite

Attorneys:
Matthew T. Dearing, Cedar City, Appellant Pro Se
Scott Garrett, Cedar City, for Appellee -----

Before Judges Greenwood, Davis, and Thorne.
 

PER CURIAM:

Dearing appeals his conviction for violating the "right of way--stop signs" statute/ordinance. Under Utah Code Ann. § 41-6-72.10(2) (1998), as adopted by Cedar City Ordinance No. 35-1, every operator of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, but if none, then at a point nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the operator shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when the operator is moving across or within the intersection or junction of roadways. (Emphasis added.)

Dearing said he stopped at the stop sign at the 600 West 200 North intersection, while Officer Bulloch testified he did not. However, even if Dearing stopped at the stop sign as he testified, he did not stop long enough for traffic to clear or until he could safely turn left onto 200 North. See Utah Code Ann. § 41-6-72.10. Officer Bulloch testified that he had to swerve to avoid being hit by Dearing, and Dearing said he saw the officer swerve in his rear view mirror. The statute/ordinance under which Dearing was convicted required him to stop and yield the right of way, which he did not do. See id.

Accordingly, Dearing's conviction is affirmed.
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 

______________________________
James Z. Davis, Judge
 
 
 

______________________________
William A. Thorne, Jr., Judge