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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default How to Beat a Disregard of Traffic Control Device Ticket, VC 21461(A)

    My question involves a traffic ticket from the state of: CA

    Driving through Williams, CA on CA-20 Business I was pulled over. Apparently I had gone through a stop sign posted before the intersection with 5th St., an obviously less busy street. The double lane CA-20 Business had a white line with 'stop' written in front of it at the placement of the stop sign. The ticket is a 21461(a) and the fine is $233.

    I know that 21461(a) is failure to obey a traffic sign.

    I missed that stop sign because there were two semitrucks driving in front of me, which blocked both the stop sign and the lane markings. Also, I didn't expect a two way stop sign coming off the freeway at such a small street. The stop sign itself was obstructed by a telephone pole and placed on an unusual sign holder.

    I don't assume any of this would help me beat the ticket. So shouldn't I just ask for an informal discovery, a trial by written declaration, and ultimately hope the officer doesn't show up at a trial de novo?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: How to Beat a Disregard of Traffic Control Device Ticket, VC 21461(A)

    If we're talking about a standard stop sign, properly placed, then the fact that it is periodically blocked from view by other vehicles is something you need to anticipate as a driver - it's not a defense to running the sign. If there is a problem with the sign being obscured by telephone poles or being improperly placed, that's potentially going to be easier to work with; but we can't see the sign. Take a look at the MUTCD.

  3. #3
    Join Date
    Apr 2011
    Location
    California
    Posts
    98

    Default Re: How to Beat a Disregard of Traffic Control Device Ticket, VC 21461(A)

    Both the stop bar and the "Stop" pavement markings are official traffic control devices recognized by the State of California. If they were present, it makes your case harder to defend. I doubt that a non-standard sign holder would be relevant unless it affected the mounting height. Unless the sign was posted right behind the utility pole, I doubt it was completely obstructed.

    What I don't understand in your situation was... if there were two semis driving in front of you... wouldn't they have stopped too (or did they run the stop sign too)?

  4. #4
    Join Date
    Feb 2010
    Posts
    533

    Default Re: How to Beat a Disregard of Traffic Control Device Ticket, VC 21461(A)

    Looking at the intersection on google maps it looks unremarkable- marking is in poor condition though.

    You can try the TBD, but my guess is the cops make it a point to collect their $$$ diligently.

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