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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Failure to Stop at a Stop Sign Ticket, CVC 22450a

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

    I was pulled over by an officer and given a notice to appear for violating CVC 22450(a) failure to stop at a stop sign.

    The officer stopped me 6 blocks from the alleged location of the violation. He asked me if I knew the intersection of xxxx and xxxx streets) to which I responded "yes". He did not ask me if I had stopped or if I was aware of a stop sign at xx and xx streets. All he did was asked me if I knew the intersection. Then he asked for the speed limit which I responded (gave correct answer). When he gave me the notice to appear, he said it was because of the failure to stop so I said that I had stopped. He said ... "it is your word against mine". Also, he marked in the notice to appear the color of my car is red. My car is not red color. Basically he followed me for several blocks and when he realized that I was driving towards the entrance to the freeway, he stopped me (two blocks from the entrance).

    How can I best fight the ticket? How can I use the fact he did not stop me right away? My point is that if I had not stopped at the sign, he could have easily pulled me over right away. It was in a residential area (speed limit is 30) and there was plenty of space to pull me over.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,202

    Default Re: Failure to Stop at a Stop Sign Ticket, CVC 22450a

    There is no requirement that the officer initiate a traffic stop immediately upon witnessing a violation. In fact there are various sound reasons NOT to do so, based on individual circumstances. Many cops (and it is a habit I approve of) will wait for a computer records return on your license plate before initiating a stop. That gives them just that much more info about what they might be getting into. After all, the cop doesn't know you from Adam and cops have a habit of bumping into real live bad guys.

    There is also no requirement that the cop get you to confess to the violation before citing you. It seems like all he was fishing for was whether or not you were familiar with the area - and therefore could reasonably be expected to be familiar with the stop sign. But, even that is irrelevant to the violation. Either you stopped and yielded or you didn't. Whether you were familiar with the area is irrelevant. And, he is right...barring some evidence that you have not told us about, it is your word against his.

    The fact that he erred in the color of your car is not going to be helpful in contesting the violation.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

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