stop sign ticket

[mdmjoe]

What is the name of your state (only U.S. law)? ca
Hi, there. I was traveling in my neighborhood yesterday. Right after a left turn, a policeofficer, staying in his parked car, waved to me and I stopped. He then turned on his siren and accused me of failure to stop at a stop sign at the intersection. However, I am pretty sure I stopped, not as long as usual (I need to catch a meeting). No surprise, I got a ticket.

First, the CA vehicle code 22450a, as the officer quoted on the ticket, only says "the driver of any vehicle approaching a stop sign at the entrance ... shall STOP", it is defeinitely different from some other states where a FULL STOP is required. Hence, I do not believe the ticket is based on a valid accuzation. Am I reading this correctly?

Second, the road I turned to and the road I was originally driving on have a sharp angel. I further checked the intersection and realize from where he parked his vehicle, there is not a way he can possible see what happened to my vehicle before anyone passes the stop sign. Ironically, he even marked on the ticket that I was making a right turn (from South to East, a right turn), but I was actually turning from North to East (a left turn). This should attest to my belief that he was monitoring the opposite direction, hence, he did not even park his car in a place that he can see my direction. Is this an adequate evidence to support my argument and hopefully get the case dismissed?

Thanks a lot.

[CdwJava]

Originally Posted by mdmjoe

First, the CA vehicle code 22450a, as the officer quoted on the ticket, only says "the driver of any vehicle approaching a stop sign at the entrance ... shall STOP", it is defeinitely different from some other states where a FULL STOP is required. Hence, I do not believe the ticket is based on a valid accuzation. Am I reading this correctly?

A stop means that the vehicle shall cease all motion - from the CVC: "shall mean any cessation of movement of a vehicle" ... what other definition of "stop" can there be?

22450. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection shall stop at a limit line,
if marked, otherwise before entering the crosswalk on the near side
of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway.

Second, the road I turned to and the road I was originally driving on have a sharp angel. I further checked the intersection and realize from where he parked his vehicle, there is not a way he can possible see what happened to my vehicle before anyone passes the stop sign.

Then make the argument in court. If the officer explains that from his vantage point he DID have a clear view of your vehicle and that it never came to a full stop, then this will not do you much good.

He does not have to see the limit line at all if you do not even come to a complete stop or if he believes that to be the case.

Ironically, he even marked on the ticket that I was making a right turn (from South to East, a right turn), but I was actually turning from North to East (a left turn). This should attest to my belief that he was monitoring the opposite direction, hence, he did not even park his car in a place that he can see my direction. Is this an adequate evidence to support my argument and hopefully get the case dismissed?

It is all part of any argument might choose to make. How much traction it has will depend on your manner and style of presentation, and the officer's own articulated testimony.


- Carl

[Hey There]

mdmjoe

Stop means Stop as CdwJAVA has explained.

That said if a driver enters a NOT guilty plea what the driver is asking of the court is to either prove the violation occurred or dismiss the case.

In Ca. a driver has the right to Discovery. This means that before filing a Trial by Declaration or going to trial or even before entering a plea at arraignment the driver can request a copy of the officer's notes( usually written on the back of the ticket)
a copy of the front and back of the ticket,
a video if one was made.
A form to submit this request to the D.A. can be downloaded from
Help! I Got A Ticket !
and modified to send a copy to the citing officer as well.
A friend (NOT the driver) then mails both copies certified, return receipt, and gives the driver a proof of service that he has mailed the Discovery Request.
A book published by NOLO on fighting traffic tickets in CA. also has a form to request Discovery which can be copied from the back of the book.
Penal Code 1054.1 gives the law that covers the rights a cited driver has for Discovery.(Google this if you like).
Both the above website and the book give information on Discovery although the forms are self explanatory.
Ca drivers also can file a Trial by Declaration.
Form TR200 gives instructions and TR205 is the driver's statement on why his case should be dismissed.
Forms can be obtained from a court clerk
or by typing in Trial by Declaration in the Google search window.
If the judge rules against the driver, the driver can request a NEW trial with a different judge if done within 20 days.
Photos and diagrams can prove helpful when combined with a driver's statement where the officer viewed the driver from and other factors the driver wants to use to contest a traffic ticket.

Best Regards,
Hey There

[mdmjoe]

Thanks for all the comments and suggestions. I am currently consulting an attorney to get the case dismissed. I believe the officer tricked me and he did not even see where I came from. I will keep you guys updated.

[FlyingRon]

Tricked you?

[Zigner]

Originally Posted by FlyingRon

Tricked you?

Yep, maybe he pretended to not be looking