Exiting a parking lot w/o a complete stop?

[Phreediver]

California

I was cited for failing to come to a complete stop before exiting a parking lot and entering a public street. There was a stop sign in the parking lot. Is there any basis for dismissal?

 

[Zigner]

California

I was cited for failing to come to a complete stop before exiting a parking lot and entering a public street. There was a stop sign in the parking lot. Is there any basis for dismissal?

Based SOLELY on what you have posted (and ASSuming that you did not, in fact, stop), then NO.

 

[racer72]

Is there any basis for dismissal?

Not based on your post.

 

[CdwJava]

California

I was cited for failing to come to a complete stop before exiting a parking lot and entering a public street. There was a stop sign in the parking lot. Is there any basis for dismissal?

What section were you cited for? This will be important, because it is very likely you were cited for the wrong section and may not have been subject to citation for a failure to stop at all.

Also, a stop sign on private property in CA is not generally going to be an enforceable sign ... and if cited for CVC 22450, it would be an unenforceable section for two reasons - not a properly posted stop sign and not at an intersection.

- Carl

 

[Zigner]

What section were you cited for? This will be important, because it is very likely you were cited for the wrong section and may not have been subject to citation for a failure to stop at all.

Also, a stop sign on private property in CA is not generally going to be an enforceable sign ... and if cited for CVC 22450, it would be an unenforceable section for two reasons - not a properly posted stop sign and not at an intersection.

- Carl

He wasn't cited for running a stop sign. He was cited for failure to stop before entering the roadway.

(I'm just trying to predict the future )

 

[CdwJava]

He wasn't cited for running a stop sign. He was cited for failure to stop before entering the roadway.

(I'm just trying to predict the future )

And that's the rub ... just what section is THAT?

One cannot enter a roadway until it is safe to do so ... but coming to a complete stop? I do not know of any such requirement.

- Carl

 

[Zigner]

And that's the rub ... just what section is THAT?

One cannot enter a roadway until it is safe to do so ... but coming to a complete stop? I do not know of any such requirement.

- Carl

Interesting - I stand corrected on my (incorrect) understanding.
OP - what was the section you were cited for??? We're all eagerly waiting to find out!

 

[CdwJava]

I see quite a few officers erroneously enforcing private property signs or writing inappropriate sections for this sort of thing ... that's why the section is very important.

- Carl

 

[Zigner]

I see quite a few officers erroneously enforcing private property signs or writing inappropriate sections for this sort of thing ... that's why the section is very important.

- Carl

Yep - I was thinking for some reason that a STOP was required prior to entering the roadway from private property (regardless of signage). After checking through things (albeit, briefly), it appears that one is required to YIELD prior to entering the roadway from private property (as opposed to stopping).

In fact, I would wonder if this was changed in the VC any time in the past 20 years.

 

[CdwJava]

I have never known there to be a requirement to "stop" prior to entry, but my career in law enforcement only goes back 18 years. What it was before I was a sworn officer, I couldn't say for sure.

- Carl

 

[Ice Vox]

You were supposed to stop... you didn't... I can't really see any ethical way of arguing this. If, however, you are dead set on trying to get this thrown out, I'd say your best shot would be to simply say that you did stop and that perhaps the officer missed it because it was a brief one. If you have a good traffic record, the judge might believe you.

 

[JIMinCA]

Interesting - I stand corrected on my (incorrect) understanding.

Dude... you are in rare form lately!!! I loved your brilliance in https://forum.freeadvice.com/speeding-other-moving-violations-13/ticket-no-seatbelt-439899.html

 

[InsaneJane]

Carl is right.
I believe that the stop sign needs to be registered to be lawfully recognised. I'm not sure of the exact language. If it is not a valid stop sign and you prove this in court, then it will be dropped as thou the sign did not exist.

On a second note; The sign was probably placed there for your safety and the safety of others. Please adbide by them.

 

[CdwJava]

You were supposed to stop... you didn't... I can't really see any ethical way of arguing this. If, however, you are dead set on trying to get this thrown out, I'd say your best shot would be to simply say that you did stop and that perhaps the officer missed it because it was a brief one. If you have a good traffic record, the judge might believe you.

While there may be a section or two that could explain this, in general, one does not generally have to come to a complete stop prior to entering traffic from a private driveway in California.

- Carl

 

[Zigner]

Dude... you are in rare form lately!!! I loved your brilliance in https://forum.freeadvice.com/speeding-other-moving-violations-13/ticket-no-seatbelt-439899.html

Thanks Jim - I'm glad to see we're getting along now