22450A VC : Must stop at posted stop sign CA

[Brunette26CA]

What is the name of your state? CALIFORNIA

To Anyone Who Can Help:

During mid June I received a traffic ticket in the San Fernado Valley, California, for failing to stop at a posted stop sign. I wish to fight this ticket because I believe I did come to a full stop. I had heard before you should never argue with an officer at the scene of the alleged crime, but rather fight it in court. One officer stood to the rear right of my car and his partner officer approached me at my window. He stated he had pulled me over for failing to stop at a stop sign. He then asked for my license and I handed it over along with my insurance and registration. After he returned he asked me if I had realized that there was a stop sign there. I told him at this point that I wasn't sure what stop sign he was referring to (and thought to myself,"I haven't run any of the stop signs since I left home") The officer informed me of which stop sign I had allegedly run and that many people believe it to be a yield section even though it's clearly marked. Perhaps people believe this because of it's slightly curved nature and the way it dumps out onto the main road. Anyway, I don't think I should use this in my arguement as I knew it to be a stop sign and believed I had made a full stop. Another reason why I trust my memory and awareness of the situation is that I had received a speeding ticket earlier in February. That ticket I deserved. Traffic court allowed me to prevent points from being added to my record but I've nervous about making any other moving violation ever since. I am SOOO cautious now.

Here are my questions:

1) a. Do I still need to pay for the ticket even though I wish to plead not guilty?
b. How do I go about this?
2) Is it best to ask for an extension or should i set a court date a soon a possible
3) Do I have to attend the court in which the courtesy notice came from.
4) On the ticket it shows a NSWE cross map. There is an arrow coming from the north east corner heading into the west section. There is an x at the left side of the north section. What does this indicate?
5) Are my best chances in court or should I do a trial by declaration.
6) Because there are two officers involved do I even have a chance. Will my testimony hold up against two officers.
7) What are the chances of the officer failing to appear at a San Fernando court house.
8) Will my situation, age, or appearance affect me? I know there isn't suppose to be prejudices but my friends keep warning me due to their past experiences.

I am a 26 year old (young and attractive) full time student, I don't work, and I just received a speeding violoation in February! Could these things affect my case. Do judges usually rule against young people or those who have had recent dismisses (traffice school) tickets?

9) How do you build a case based upon the different opinions of the officers and me, the defendent.

I would appreciate any and all help I can get! Thanks in advance for all your help!

[CdwJava]

Originally Posted by Brunette26CA

During mid June I received a traffic ticket in the San Fernado Valley, California, for failing to stop at a posted stop sign.

To clarify, it requires that you come to a complete stop at the limit line.

I wish to fight this ticket because I believe I did come to a full stop.

The most common mistake people make is that they claim to have "stopped" but that is not the requirement - it must be at the limit line. If you came to a stop with your front wheels ON the line, that is NOT a proper stop per CVC 22450.

1) a. Do I still need to pay for the ticket even though I wish to plead not guilty?
b. How do I go about this?

Some courts may ask you to post bail before contesting the citation via written declaration, but I do not think it is common for bail to be posted before court. At least I have never heard of such a thing.

2) Is it best to ask for an extension or should i set a court date a soon a possible

When you go to the arraignment, they will tell you the court date. You should be able to ask for an extension there if you need.

3) Do I have to attend the court in which the courtesy notice came from.

Wherever it says to go is where you need to go.

4) On the ticket it shows a NSWE cross map. There is an arrow coming from the north east corner heading into the west section. There is an x at the left side of the north section. What does this indicate?

This is standard ... we generally use it to indicate the suspect's direction of travel.

5) Are my best chances in court or should I do a trial by declaration.

Opinions vary. They both have their advantages and their disadvantages. If you do a search on the internet for fighting CA tickets, you will find a lot of cites that give you the plusses and the minusses to that.

6) Because there are two officers involved do I even have a chance. Will my testimony hold up against two officers.

Chances are only the citing officer will show up. The other won't necessarily have to unless he observed the violation and the citing officer did not.

7) What are the chances of the officer failing to appear at a San Fernando court house.

Depends on the citing agency. Some people here claim 50% ... I would say that the chances are about 25% or less. But, LA County seems to have a higher no-show rate than other courts in the state.

8) Will my situation, age, or appearance affect me? I know there isn't suppose to be prejudices but my friends keep warning me due to their past experiences.

How do you appear? It shouldn't make a difference. Dress respectfully and behave polite and professional, and you will be accorded the appropriate respect.

I am a 26 year old (young and attractive) full time student, I don't work, and I just received a speeding violoation in February!

How do you make money?

Could these things affect my case. Do judges usually rule against young people or those who have had recent dismisses (traffice school) tickets?

It might effect sentencing to some degreee, but your past offenses will make no difference at this proceeding unless you claim to have never been stopped before.

9) How do you build a case based upon the different opinions of the officers and me, the defendent.

You tell the truth as you recall it. Don't call the officer a liar. Understand that your perception may be different from theirs, and that they may have been watching specifically for a stop sign violation.

Also, many times traffic school is only an option if you do not fight the ticket. On the day of court you are usually given an option to plead guilty or no contest and get traffic court if you are eligible. If found guilty, traffic court is rarely an option.

- Carl