Stop Sign Violation for Passing the Limit Line

[stevenrt]

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

I just got pulled over for passing the limit line at a stop sign. The officer accused me of almost running a stop and wrote me up for "22450(a) cvc. stop sign violation." Although I did pass the limit line, it was due to the downward slope of the road as well as the trees blocking the stop sign and the darkness of the street (night time). I believe the important part is that I DID come to a complete stop and that it was the trees fault that forced me to pass the limit line. If anything, I believe my fines should be reduced since I stopped completely and fully and did not run the stop sign.

Here's a link to a google map image of the stop sign covered by trees. Imagine this going downhill at night... https://maps.google.com/maps?q=371+E...dnfpJV01ocSH1Q

So my questions are:

Do you think I should try to contest it? (I qualify for traffic school and I do not want to lose my opportunity to take it. I am a 20 year old college student so this fine would put a huge dent in my wallet.)

What happens if I lose my TBWD? Will I not qualify for traffic school? Are there any disadvantages to losing a TBWD? Can I lose the TBWD and not go to court and then just pay the fine afterwards?

Any other suggestions of what I can do?


Thanks in advance,
Steven

[That Guy]

I just got pulled over for passing the limit line at a stop sign. The officer accused me of almost running a stop and wrote me up for "22450(a) cvc. stop sign violation." Although I did pass the limit line...

OK, stop right there...

Here is 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.

With what you said, the underlined part is the reason why the officer cited you; simply because you stopped not at, not before, but past the limit line.

Traffic school is automatically available to you at the outset, if you opt for a TBD or a trial, there is no guarantee that the judge will allow you that option after.

Here's a link to a google map image of the stop sign covered by trees. Imagine this going downhill at night... https://maps.google.com/maps?q=371+E...dnfpJV01ocSH1Q

I can see the stop sign fine. even from that distance. Even if it was covered in the picture, those images appear to be from 2007. Who knows what the trees look like 5 years later in 2012.

Your claim that you were going downhill and/or at night has no basis as a defense. As I don't see those exceptions in the code section! The sign is not obstructed by trees or anything else. And assuming you were using your headlights, the sign is made with reflective paint which makes it glow at night. Additionally, you stopped... So your claim that you did not see the sign does not make sense! And lastly, even if you did not see the sign, you should have seen the limit line as well as the STOP marking painted on the pavement.

You've got so many things working against you and the officer hasn't even testified here. You'd have no chance to beat this on merit!

Good luck anyways!

[stevenrt]

Thanks for the quick reply.

I am aware the google image was taken in 2007. I was just showing you as a reference to how the trees were positioned because they have definitely been grown out by now. So you still think I have no chance of winning even if the trees were obstructing the sign?

And yes, I was able to break hard and make that complete stop pass the limit line BECAUSE I saw the limit line paint.

[That Guy]

I am aware the google image was taken in 2007. I was just showing you as a reference to how the trees were positioned because they have definitely been grown out by now.

I would venture a guess that all trees in the City of Monterey Park have been trimmed at least once or twice since 2007. If they haven't, or if these trees are overgrown and neglected, your point would be better made by taking an current picture showing the existing condition of the trees and how the sign I blocked. But even then, that limit line and the STOP pavement marking will be their to haunt you with every excuse.

So you still think I have no chance of winning even if the trees were obstructing the sign?

Yeah, I'm sorry but I'm just not seeing it on this one. I have no reason to lie about it. And win or lose, it has zero affect on me. But you'd be wasting your time fighting this one.

And yes, I was able to break hard and make that complete stop pass the limit line BECAUSE I saw the limit line paint.

Here's a question for you.... How many times have you been down this same street before? You don't have to answer if you don't want to!

I simply ask because I know I'm more inclined to roll signs that I'm familiar with. Whereas I'm a slow poke coming up on signs I'm crossing the first time!

[stevenrt]

Ok cool thanks for the input.

It actually was my first time taking that street and I didn't roll that stop. Guess I just lucked out on this one.