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Stop Sign Violation, CVC 22450(A)

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  • 10-24-2014, 01:59 AM
    thecainman
    Stop Sign Violation, CVC 22450(A)
    My question involves a traffic ticket from the state of: CA, specifically Sierra Madre.

    In June I was stopped by Sierra Madre Police for a stop sign violation. I did stop at the sign but as there was no traffic anywhere and I had full visibility, I did not stop long.
    I postponed my first court date twice from August to October and I'm going to court in 5 hours in the morning.
    I was wondering if I should ask for a Trial by Declaration or what the best course of action is.

    I can procure a sworn statement from a passenger in the car that I did stop, but briefly.
    How can I find out what the cop's notes were about the case?

    Should I just take Traffic School? Or should I first try a trial then request Traffic School if I am found guilty?
  • 10-24-2014, 04:30 AM
    flyingron
    Re: CVC 22450(A) - Stop Sign Violation
    Sierra Madre? We don't need no stinking badges.

    Your "statement" from the passenger isn't going to be admissible. Even if they testified in person, the officer's testimony that you didn't stop is going to be more persuasive.
    You can request his notes from his department, but frankly it's not likely to tell you much. You've waited too long to think about discovery.

    Stop means the complete cessation of movement, not just that you locked the tires or stopped forward progress (this isn't football). Unless he testifies that you stopped (completely but briefly) you're not going to prevail.

    Donzoh will tell you to do everything to prolong things in the hope that the witness (the officer) will die, leave the force, or otherwise suddenly become derelict in the duty and not respond. If you want to do this, you better get to court early and home the due date has not expired for the TBD request. You're really waiting to the last moment.

    Traffic school costs more than just paying the fine, but it allows you to dodge the conviction hitting your insurance company. It's up to you. It's commonly offered before trial but some judges will not permit it (it's discretionary on their part) after trial.
  • 10-24-2014, 09:30 AM
    cdwjava
    Re: CVC 22450(A) - Stop Sign Violation
    Keep in mind that 22450 requires a stop "at" the limit line - not before, not after, but at. So, if you came to a complete stop beyond the line, you violated the section. If you stopped 10 feet before it, you violated the section. If you tapped your brakes and rolled never coming to a complete stop, then you violated the section.

    If you take the matter to court, the officer will have his say and you will have yours. Keep in mind that if you go to trial and lose you may not have the option of traffic school made available to you. So this might be a consideration as well.
  • 10-24-2014, 03:18 PM
    thecainman
    Re: CVC 22450(A) - Stop Sign Violation
    Thanks for the replies. I ended up paying to do traffic school and get it over with because I had no desire to keep going to court and all that jazz. Next time if it happens again I guess I'll have to go to court so I'll probably come back for more advice :)
  • 10-25-2014, 07:41 AM
    flyingron
    Re: CVC 22450(A) - Stop Sign Violation
    Quote:

    Quoting thecainman
    View Post
    Thanks for the replies. I ended up paying to do traffic school and get it over with because I had no desire to keep going to court and all that jazz. Next time if it happens again I guess I'll have to go to court so I'll probably come back for more advice :)


    And do so well before your court date.
  • 10-27-2014, 09:21 AM
    cadvr
    Re: CVC 22450(A) - Stop Sign Violation
    Quote:

    Quoting cdwjava
    View Post
    Keep in mind that 22450 requires a stop "at" the limit line - not before, not after, but at. So, if you came to a complete stop beyond the line, you violated the section. If you stopped 10 feet before it, you violated the section. If you tapped your brakes and rolled never coming to a complete stop, then you violated the section.

    cdwjava, how would you define `at` the limit line?
  • 10-27-2014, 10:09 AM
    cdwjava
    Re: CVC 22450(A) - Stop Sign Violation
    Quote:

    Quoting cadvr
    View Post
    cdwjava, how would you define `at` the limit line?

    Having the front bumper at the limit line - give or take a few inches or maybe a foot.

    The section states what it states.

    It is exceedingly rare for anyone to get cited when they come to a complete stop at or about the limit line. They usually get cited when they roll well past it or do not come to a complete stop at all.
  • 10-27-2014, 03:10 PM
    donzoh1
    Re: CVC 22450(A) - Stop Sign Violation
    Quote:

    Quoting cdwjava
    View Post
    Having the front bumper at the limit line - give or take a few inches or maybe a foot.

    The section states what it states.

    It is exceedingly rare for anyone to get cited when they come to a complete stop at or about the limit line. They usually get cited when they roll well past it or do not come to a complete stop at all.

    It's probably up to each individual officer what the term "at" means. In an absolute sense, the statutory language is completely impossible because anywhere a car stops, it would be possible to measure a distance before or after the line, even if the measurement was less than an inch. I think a good number of drivers get in trouble because they come to a complete stop behind another car already waiting at or near the line. Then, when the front car leaves, they leave as well reasoning that they've stopped before the line (maybe a car length or two). Most cops, and judges for that matter aren't going to consider this stopping "at" the limit line.
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