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  1. #1
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    Jul 2011
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    Default Ticket for a Rolling Stop

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

    Hi, I got a rolling stop at around 1:25 a.m. section 22450

    Now I am not going to try to fight it (most likely would lose) however what can I do to reduce the fine? I am 24 years old (been driving since 18) first traffic violation ever. What exactly can be done? Can I talk to the clerk and see if they can reduce it or its expected to go to court and talk to a judge to reduce the fine? Do I have to pay a fee if I am going to see the judge? Also its said you can fight the ticket and if your lucky the officer won't show up, but do you have to pay a fee for that to happen? I just want to advice to reduce my rolling stop ticket any other advice? Also if I were to go to a judge I would plea no contest? Also how about traffic school I heard its cheap online does that work as taking it as a regular class? (I don't want points in my insurance). Also can I do community hours instead (I am not really working and I don't mind doing that since I am going to mention I don't make much).

  2. #2
    Join Date
    Mar 2010
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    Snohomish, WA
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    1,195

    Default Re: Ticket for a Rolling Stop

    What exactly is a "rolling stop"? You either stopped or you're rolling. The two terms are mutually exclusive. There is no in between. Sounds to me like you didn't stop at all.

  3. #3
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    Default Re: Ticket for a Rolling Stop

    The violation is 22450 failure to stop @ limit line apparently. So I passed the line (now that I look at the ticket). The thing though can I go to court (at the court date) plea no contest and have the judge reduce the fee and maybe even let me do community hours? Would there be a court fee if I am going to talk to the judge? Also can I take the classes online? I just basically want to reduce the fine (since right now CA fines are very high).

  4. #4
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    Mar 2009
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    Default Re: Ticket for a Rolling Stop

    Quote Quoting li/<o
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    The violation is 22450 failure to stop @ limit line apparently. So I passed the line (now that I look at the ticket).
    Apparently, you make it sound as if it is some strange new concept to you when in fact, it is one of the most basic concepts that you need to learn and put into practice before you earn your privilege to drive.

    Your numerous questions can be answered simply by saying you can request a court appearance in front of the judge and ask for a fine reduction. Every thing else is specific to the local court where you are supposed to appear, so check with the court clerk.

    Quote Quoting li/<o
    View Post
    (since right now CA fines are very high).
    I didn't know that current fine amounts are temporary... As far as I can tell, they have been rising at the rate of (approximately) 5% (~annually). Not much higher that the normal increase one would expect in the state or national CPI (if it weren't in a so called "recession").
    I am right 97% of the time... Who cares about the other 4%!

  5. #5
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    Default Re: Ticket for a Rolling Stop

    Quote Quoting That Guy
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    Apparently, you make it sound as if it is some strange new concept to you when in fact, it is one of the most basic concepts that you need to learn and put into practice before you earn your privilege to drive.

    Your numerous questions can be answered simply by saying you can request a court appearance in front of the judge and ask for a fine reduction. Every thing else is specific to the local court where you are supposed to appear, so check with the court clerk.


    I didn't know that current fine amounts are temporary... As far as I can tell, they have been rising at the rate of (approximately) 5% (~annually). Not much higher that the normal increase one would expect in the state or national CPI (if it weren't in a so called "recession").
    I didn't know the exact violation since at first he said it was a rolling stop than that I passed the limit line. Anyhow so I have to request a hearing? I was checking this website and apparently its first a arraignment.

    http://glassvisage.hubpages.com/hub/...traffic-ticket

    It seems I can reduce my ticket (if I show I really have no income) and can do community hours is it really truth? Someone mentioned in another boards they wouldn't reduce my fine if thats truth I got nothing to lose and plead not guilty. Who would I have to call exactly to have all this answers? Any specific department or would the clerk really know the procedure? Thanks for the feedback I really appreciate it.

  6. #6
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    LA LA Land
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    Default Re: Ticket for a Rolling Stop

    Quote Quoting li/<o
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    I didn't know the exact violation since at first he said it was a rolling stop than that I passed the limit line.
    A "rolling stop" or stopping after you pass the line are the same exact violation and are cited under VC 22450.

    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.

    (b) The driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing.
    (c) Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where the stop sign would enhance traffic safety.


    Think about it, if the law requires you to stop at the limit line and instead, you roll over it and /or stop after it, the violation is that you failed to stop at the limit line!

    Quote Quoting li/<o
    View Post
    Anyhow so I have to request a hearing?
    Some courts treat the date on the citation as your first appearance (your arraignment), while others treat that date as the deadline of when you have to appear and request a court appearance or an extension. You'll have to contact the court and ask.

    Quote Quoting li/<o
    View Post
    I was checking this website and apparently its first a arraignment.

    http://glassvisage.hubpages.com/hub/...traffic-ticket
    The first appearance you make in court, whether it is on the date on your citation or the date given to you when you request an appearance date, is "the arraignment".

    The court clerk is not authorized to reduce the fine if that option is available. So in your case, you have to appear in front of the judge, which will be at the arraignment!

    Quote Quoting li/<o
    View Post
    It seems I can reduce my ticket (if I show I really have no income) and can do community hours is it really truth?
    Again, not all courts offer the community service option. Check with your court clerk for an answer.

    As for reducing the fine simply because you have no income, I don't see that as a mitigating factor. If you are in fact guilty, you are as guilty as someone who makes a million a month! Of course the decision is not up to me, it is up to the judge!

    Quote Quoting li/<o
    View Post
    Someone mentioned in another boards they wouldn't reduce my fine if thats truth I got nothing to lose and plead not guilty.
    Unless that other person on the other board knows which county you are in, which court you will appear, and which judge you will see, then they are simply guessing that they will or won't reduce your fine.

    As for having nothing to lose by pleading not guilty, what do you have to gain?

    While it is true that there is a slight chance that the officer may not appear at trial, the chance that your fine is reduced and the chance that you will be offered the traffic school option are slimmer than at the arraignment! That is a choice you will have to make on your own!

    Quote Quoting li/<o
    View Post
    Who would I have to call exactly to have all this answers? Any specific department or would the clerk really know the procedure? Thanks for the feedback I really appreciate it.
    You can call the phone number on your citation. Otherwise, your best bet would be to got to court and ask in person!
    I am right 97% of the time... Who cares about the other 4%!

  7. #7
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    Jul 2011
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    Default Re: Ticket for a Rolling Stop

    Quote Quoting That Guy
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    A "rolling stop" or stopping after you pass the line are the same exact violation and are cited under VC 22450.

    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.

    (b) The driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing.
    (c) Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where the stop sign would enhance traffic safety.


    Think about it, if the law requires you to stop at the limit line and instead, you roll over it and /or stop after it, the violation is that you failed to stop at the limit line!


    Some courts treat the date on the citation as your first appearance (your arraignment), while others treat that date as the deadline of when you have to appear and request a court appearance or an extension. You'll have to contact the court and ask.


    The first appearance you make in court, whether it is on the date on your citation or the date given to you when you request an appearance date, is "the arraignment".

    The court clerk is not authorized to reduce the fine if that option is available. So in your case, you have to appear in front of the judge, which will be at the arraignment!


    Again, not all courts offer the community service option. Check with your court clerk for an answer.

    As for reducing the fine simply because you have no income, I don't see that as a mitigating factor. If you are in fact guilty, you are as guilty as someone who makes a million a month! Of course the decision is not up to me, it is up to the judge!


    Unless that other person on the other board knows which county you are in, which court you will appear, and which judge you will see, then they are simply guessing that they will or won't reduce your fine.

    As for having nothing to lose by pleading not guilty, what do you have to gain?

    While it is true that there is a slight chance that the officer may not appear at trial, the chance that your fine is reduced and the chance that you will be offered the traffic school option are slimmer than at the arraignment! That is a choice you will have to make on your own!


    You can call the phone number on your citation. Otherwise, your best bet would be to got to court and ask in person!
    Thanks for the response I don't know where the person is from, but where I live I have seen (I use to work for the court doing my internship) judges allowing people to do community hours. I think my best bet is two things pleading guilty if they lower my fine and let me do community hours (I will call tomorrow hopefully the clerk knows somewhat about it). Or option two fight it pay the ticket and start off with a written declaration-traffic hoping the CHP won't want to do it or the judge favors me. So who knows I just spent majority of my day educating myself and learning the system more. Really appreciate the feedback any feedback really helps

  8. #8

    Default Re: Ticket for a Rolling Stop

    Quote Quoting That Guy
    View Post

    As for reducing the fine simply because you have no income, I don't see that as a mitigating factor. If you are in fact guilty, you are as guilty as someone who makes a million a month! Of course the decision is not up to me, it is up to the judge!
    It is according to the California Benchguide 82 (Traffic Court Proceedings) and CVC 42003(c).

    "4. [§82.62] Considerations in Imposing Fine

    The amount of the fine to be imposed necessarily depends on the circumstances of the particular case. Important factors to consider are the
    existence of any prior convictions (see §82.63) and the defendant’s ability to pay.

    Before imposing a fine for conviction of a Vehicle Code violation, the court must, on the defendant’s request, consider the defendant’s ability
    to pay. The defendant has the burden of demonstrating his or her lack of ability to pay. The court need not make express findings as to the factors
    bearing on the amount of the fine. Veh C §42003(c). In cases of demonstrated financial hardship, the court may consider waiving the fine,
    allowing the defendant to pay the fine in installments, or allowing the defendant to perform community service in place of paying a fine."

    http://www2.courtinfo.ca.gov/protem/pubs/bg82.pdf
    Bottom of pdf page 63.

    Of course, as with everything else, YMMV depending on, well, everything. 42003 requires the court to consider the defendants ability to pay just like the traffic court must consider the facts to grant traffic school. Must consider can easily still mean a "no soup for you."

  9. #9
    Join Date
    Jul 2011
    Posts
    21

    Default Re: Ticket for a Rolling Stop

    Quote Quoting California student
    View Post
    It is according to the California Benchguide 82 (Traffic Court Proceedings) and CVC 42003(c).

    "4. [§82.62] Considerations in Imposing Fine

    The amount of the fine to be imposed necessarily depends on the circumstances of the particular case. Important factors to consider are the
    existence of any prior convictions (see §82.63) and the defendant’s ability to pay.

    Before imposing a fine for conviction of a Vehicle Code violation, the court must, on the defendant’s request, consider the defendant’s ability
    to pay. The defendant has the burden of demonstrating his or her lack of ability to pay. The court need not make express findings as to the factors
    bearing on the amount of the fine. Veh C §42003(c). In cases of demonstrated financial hardship, the court may consider waiving the fine,
    allowing the defendant to pay the fine in installments, or allowing the defendant to perform community service in place of paying a fine."

    http://www2.courtinfo.ca.gov/protem/pubs/bg82.pdf
    Bottom of pdf page 63.

    Of course, as with everything else, YMMV depending on, well, everything. 42003 requires the court to consider the defendants ability to pay just like the traffic court must consider the facts to grant traffic school. Must consider can easily still mean a "no soup for you."
    Thank you thank you thank you! I really appreciate it I guess I can fight all the way and even if I lose I might be able to do community hours and reduce the fine. However if I do a Written declaration I have to pay upfront for them to accept it wonder how that would work. Thank you so much excellent find

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