Need help with a CVC 21802 a

[Driver65]

What is the name of your state (only U.S. law)?CA

I am trying to help my sister (a super cautious driver) and appreciate your help. My sister received a ticket for CVC 21802 A (Failure to yield right of way). on a foggy night, she came to a complete stop at a stop sign. She saw ahead light of a car from far. Based on the distance and speed of the other car, she determined there was no hazard and made a left turn. The on coming car was a police car and pulls her over. The officer agreed that she came to a complete stop but he said he had to use his break. The ticket has her speed at 10, max speed at 50, and safe at 0. Can you give me an insight regarding how to dismiss this?

 

[CdwJava]

Here is the code section:

21802. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection shall stop as required by
Section 22450. The driver shall then yield the right-of-way to any
vehicles which have approached from another highway, or which are
approaching so closely as to constitute an immediate hazard, and
shall continue to yield the right-of-way to those vehicles until he
or she can proceed with reasonable safety.​

Your sister will have to go to court and argue that she yielded as prescribed in the section and did not turn until it was safe to do so. The bias will be in favor of the officer, so she will have to consider how to overcome that. She may want to consider a trial by written declaration, see how that goes, and if she loses request a trial de novo (a new trial - a court trial). She may also want to look up how best to go about seeking discovery in her case to include the officer's notes - if any. There is a good deal of information on numerous posts at this site if you search for "discovery" in traffic matters.

- Carl

 

[DRTDEVL]

Probably a dumb question, but if the limit was 50, she was going 10, and the max safe speed was 0, would that not make the claim that the LEO was driving too fast for conditions, causing his need for the brakes?

Obviously he was traveling in excess of 0 mph.

 

[I_Got_Banned]

Probably a dumb question, but if the limit was 50, she was going 10, and the max safe speed was 0, would that not make the claim that the LEO was driving too fast for conditions, causing his need for the brakes?

Obviously he was traveling in excess of 0 mph.

Max safe speed is in reference to HER speed not his. Meaning she should have stayed where she was (at the stop sign) instead of traversing in front of him.