How to Write a TWBD for a Stop Sign Violation, CVC 22450(A)

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

I requested informal discovery and received the front and back side of my citation with the officer's notes.

This is what is in included in the notes:

- I had a good attitude.
- I was in the center divider.
- The officer observed me from 100 ft away while he was moving towards my direction on his motorcycle.
- "RT at 10mph" I'm assuming this means I was moving at 10mph
(I definitely was not moving at 10mph. The officer wasn't using any device to measure my speed. As I mention below, I stopped long enough to see that it was safe for me to cross the street.)
- there is a word I can't decipher that begins with "s" and the abbreviation "m/c" next to it

This is my first ticket, so I'm unsure what's the best approach to frame my argument. I tried looking for some examples online, but I guess since there are so many different variations of stop sign violations, I couldn't really find one that pertained to my situation. If anyone has some advice, I'd greatly appreciate it!

The officer had a pretty good vantage point, so I can't really argue he didn't see me well enough. I tried looking up MUTCD guidelines, but I don't think any of that was violated. I'm thinking I can argue that I did stop and saw that he was far enough away from me, so it was safe for me to cross. But, it seems like I don't have the upper hand since an officer's testimony is enough for me to lose the trial.

Some background information regarding my citation:

I was at a stop sign intersection right in front of my workplace. The stop sign intersection also happens to be the center divider of a busy street. Passing the stop sign would lead me directly into the driveway of where I worked. That morning, as I made a left turn into this center divider, I saw that there weren't any oncoming cars. As I came to a quick stop at the stop sign, I saw a motorcyclist in the first lane closest to me. In addition to being in the closest lane to me, he was also a safe distance away, so I felt it was safe to go ahead and cross the three lanes into the driveway. Unfortunately, I later learned that motorcyclist was a police officer.

As this was my first ticket, I was very flustered when he pulled me over. To be honest, I was quite intimidated and didn't know what to say. He asked why I didn't stop, and although I responded by saying that I did. He continued to question me. In the end, under the pressure, I said something along the lines of, "I guess I did a rolling stop, didn't I." He ultimately issued me a ticket for failing to stop although I do believe I did make a stop at the limit line albeit brief.

RT I suspect roll through his estimate of how fast you were going at the time you passed the point you were required to stop. It's a visual estimation and that's all they need.
I suspect M/C is motorcycle.

The statute requires a stop (a complete cessation of movement, not a momentary locking of the wheels) at the limit line (or other point defined in the statute). Many people's "brief" stops aren't stops at all. Further, you must stop before the line. If you stop past the line you are also guilty. 100 feet is not all that far. Your statements are incriminatory as well. If you roll the stop it also matters NOT whether there is anybody there. You're obliged to stop whether there is conflicting traffic or not.

The dice roll on the TBD in such circumstances. You'll be found guilty unless the cop dies, retires, or becomes so derelict in his duties that he doesn't respond.

You're factually guilty and that will be proven at TBD and at Trial de Novo, assuming the officer responds and shows up. Your statement about a "rolling stop" is enough by itself. If that's the only thing the officer can recall from the event, you're toast.

However, if it's not in the officer's notes, they might forget you said that by the time trial comes around. He might have it in other notes, but I doubt it. At trial, if he can't say he has an independent recollection, he should be limited to just the notes you already have. And, after TBD, you'll be able to see his actual written statement.

The possibility that the officer will forget something is a good reason to delay arraignment (posting of bail) and to delay due dates and appearance dates from now until the cows come home. Just be sure to set a calendar alarm so you don't miss any time frames! Some of this delaying can be done online and if not there, by phone or in person. There are also other good reasons to delay and if you do TBD, which I would suggest you do, you really don't have a speedy trial issue on the table anyway, which is the just about the only reason not to delay. Follow this up with more delays if possible and with TDN

Read carefully CRC 4.210 about TBD, paying careful attention to the upper and lower case usage in the phrase "request for trial by written declaration." The capitalized words refer to something totally different than the lower case words.

Most folks drive while on auto pilot. Their eyes are on the road, their hands are on the wheel and their foot is on the gas but there are oblivious to everything else.

When people come to a stop sign they hit the break and feel the car strongly lurch forward. Ask, and they will swear on a stack of bibles that their car came to a full and complete stop because that is what they believe happened. But, unless you also feel your car lurch back after lurching forward, you never came to a stop. Instead, you just slowed down. It happens all the time and people insist they were given bogus tickets when in fact, they ran the stop sign. I suspect that’s what happened here.

Next, most motor officers carry audio recording devices that would have captured your verbal admission as to a rolling stop. Should you plead not guilty, the officer will offer a copy of that recording into evidence containing your admission of the violation. Under the circumstances, any denial by you as to the charge will lack credibility in the court's eyes.

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Quoting L-1

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Most folks drive while on auto pilot. Their eyes are on the road, their hands are on the wheel and their foot is on the gas but there are oblivious to everything else.

When people come to a stop sign they hit the break and feel the car strongly lurch forward. Ask, and they will swear on a stack of bibles that their car came to a full and complete stop because that is what they believe happened. But, unless you also feel your car lurch back after lurching forward, you never came to a stop. Instead, you just slowed down. It happens all the time and people insist they were given bogus tickets when in fact, they ran the stop sign. I suspect that’s what happened here.

Next, most motor officers carry audio recording devices that would have captured your verbal admission as to a rolling stop. Should you plead not guilty, the officer will offer a copy of that recording into evidence containing your admission of the violation. Under the circumstances, any denial by you as to the charge will lack credibility in the court's eyes.

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If the IDR was correctly written, the failure to provide any audio recording is a clear violation of the CPC 1054, etc. It is an appropriate (though not required remedy) to preclude the introduction of that evidence as a sanction against the prosecution. At the very minimum, the defendant would have additional time to review the evidence, possibly requiring another court appearance by the officer. However, I would still not recommend the defendant deny what they said at the stop, even if they knew no recording would be offered. A better option would be to remain silent on 5th amendment grounds. In most cases, it's better for the defendant not to testify unless they are factually innocent. As you point out, that does not appear to be the case here.

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Quoting donzoh1

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If the IDR was correctly written, the failure to provide any audio recording is a clear violation of the CPC 1054, etc. It is an appropriate (though not required remedy) to preclude the introduction of that evidence as a sanction against the prosecution. At the very minimum, the defendant would have additional time to review the evidence, possibly requiring another court appearance by the officer. However, I would still not recommend the defendant deny what they said at the stop, even if they knew no recording would be offered. A better option would be to remain silent on 5th amendment grounds. In most cases, it's better for the defendant not to testify unless they are factually innocent. As you point out, that does not appear to be the case here.

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I wasn't aware the OP had requested discovery and an audio recording had been excluded. Did I miss something?

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Quoting donzoh1

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You're factually guilty and that will be proven at TBD and at Trial de Novo, assuming the officer responds and shows up. Your statement about a "rolling stop" is enough by itself. If that's the only thing the officer can recall from the event, you're toast.

However, if it's not in the officer's notes, they might forget you said that by the time trial comes around. He might have it in other notes, but I doubt it. At trial, if he can't say he has an independent recollection, he should be limited to just the notes you already have. And, after TBD, you'll be able to see his actual written statement.

The possibility that the officer will forget something is a good reason to delay arraignment (posting of bail) and to delay due dates and appearance dates from now until the cows come home. Just be sure to set a calendar alarm so you don't miss any time frames! Some of this delaying can be done online and if not there, by phone or in person. There are also other good reasons to delay and if you do TBD, which I would suggest you do, you really don't have a speedy trial issue on the table anyway, which is the just about the only reason not to delay. Follow this up with more delays if possible and with TDN

Read carefully CRC 4.210 about TBD, paying careful attention to the upper and lower case usage in the phrase "request for trial by written declaration." The capitalized words refer to something totally different than the lower case words.

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I know the odds are against me if the officer responds to my TBD or shows up at the TDN, but I figured it wouldn't hurt to try and take a chance at the very least. I have already requested an extension and my TBD is due next month on 3/6. So, even though it's pretty much hopeless, I'm just betting the officer will not respond. I still need to submit a written statement, given the grim situation, do you know a general idea of what I can write that would at least make it presentable?

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Quoting flyingron

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The statute requires a stop (a complete cessation of movement, not a momentary locking of the wheels) at the limit line (or other point defined in the statute). Many people's "brief" stops aren't stops at all. Further, you must stop before the line. If you stop past the line you are also guilty. 100 feet is not all that far. Your statements are incriminatory as well. If you roll the stop it also matters NOT whether there is anybody there. You're obliged to stop whether there is conflicting traffic or not.

The dice roll on the TBD in such circumstances. You'll be found guilty unless the cop dies, retires, or becomes so derelict in his duties that he doesn't respond.

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I know. I felt the same way when I saw that the notes said 100ft. I'd like to say he was not 100ft away from me. If that were the case, I definitely wouldn't have proceeded since it wouldn't have been a safe distance away. If he were so close, I'd probably would've done a double-take since I could see that it was a police officer.

Nevertheless, I understand everything seems to be pointing against me. I just want to bet that the officer will not respond so that at least I have some shot at it. I'm just struggling with what to say in my written statement since my situation is bleak to say the very least.

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Quoting L-1

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Next, most motor officers carry audio recording devices that would have captured your verbal admission as to a rolling stop. Should you plead not guilty, the officer will offer a copy of that recording into evidence containing your admission of the violation. Under the circumstances, any denial by you as to the charge will lack credibility in the court's eyes.

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I requested any type of audio and video recording in my IDR and the police dept stated they do not have any of those records, so I think it's safe to say there was no audio recording. Like I mentioned above, I'm just hanging by a piece of thread trying for something that may seem nearly impossible. If I lose in the end, at least I know I've tried. If the officer doesn't respond, I'll be glad I at least attempted even though it seemed nearly impossible. I guess because everything points against me, it's even more difficult to construct my TBD. I'm all ears for any suggestions you may have in writing the TBD.

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Quoting awsilks

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I requested any type of audio and video recording in my IDR and the police dept stated they do not have any of those records, so I think it's safe to say there was no audio recording. Like I mentioned above, I'm just hanging by a piece of thread trying for something that may seem nearly impossible. If I lose in the end, at least I know I've tried. If the officer doesn't respond, I'll be glad I at least attempted even though it seemed nearly impossible. I guess because everything points against me, it's even more difficult to construct my TBD. I'm all ears for any suggestions you may have in writing the TBD.

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Did you ask for a copy of the officer's copy of the citation, any notes he may have made on the back side and copies of any other reports or notes he may have made in connection with this event? That will tell you what you are up against.

In a big city, the average motor cop may write 10 to 20 cites a day. In order to remember what happened if he gets called to court, officers routinely make notes on the back of each citation immediately after it is written. To facilitate this, many agencies have "fill in the blanks" forms printed on the back side of the officer's copy that address key issues that may come up in court. Look to that information for any weaknesses in you citation.

I wouldn't count too much on the Donzoh theory of the officer not showing up in court or not responding to your TBD. Unless they are tied up on a call, officers are routinely disciplined for missing court. In addition, if it is on a day off, they are paid handsomely for going. Similarly, someone in each law enforcement agency (usually the subpoena coordinator) tracks TBD requests from the court. Because an agency's credibility with the court is on the line if TBD requests are not returned on time, discipline usually results if an officer fails to respond.

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Quoting awsilks

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I know the odds are against me if the officer responds to my TBD or shows up at the TDN, but I figured it wouldn't hurt to try and take a chance at the very least. I have already requested an extension and my TBD is due next month on 3/6. So, even though it's pretty much hopeless, I'm just betting the officer will not respond. I still need to submit a written statement, given the grim situation, do you know a general idea of what I can write that would at least make it presentable?



I know. I felt the same way when I saw that the notes said 100ft. I'd like to say he was not 100ft away from me. If that were the case, I definitely wouldn't have proceeded since it wouldn't have been a safe distance away. If he were so close, I'd probably would've done a double-take since I could see that it was a police officer.

Nevertheless, I understand everything seems to be pointing against me. I just want to bet that the officer will not respond so that at least I have some shot at it. I'm just struggling with what to say in my written statement since my situation is bleak to say the very least.



I requested any type of audio and video recording in my IDR and the police dept stated they do not have any of those records, so I think it's safe to say there was no audio recording. Like I mentioned above, I'm just hanging by a piece of thread trying for something that may seem nearly impossible. If I lose in the end, at least I know I've tried. If the officer doesn't respond, I'll be glad I at least attempted even though it seemed nearly impossible. I guess because everything points against me, it's even more difficult to construct my TBD. I'm all ears for any suggestions you may have in writing the TBD.

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Don't admit anything. Shorter is better. Don't say anything you know to be untrue. I wrote a TBD once and in the narrative it said "Please accept this as my Not Guilty plea in this case. Respectfully submitted, NAME" I agree with L-1 that many drivers think they stopped when they didn't. The judge will believe the officer on this so I'm not even sure I'd say I stopped, even if I believed I did.

On the subject of how effective TBD is, I know the history of 9 infraction cases, 4 of which were mine and the rest friends or relatives. The defendant was factually guilty in 8 of them. 7 of them resulted in Not Guilty verdicts. In most of those, I'm assuming the officer did not respond, or if it's Photo Red Light no evidence was submitted, but usually, there's no way to know. This is obviously a limited sample, and some of these go back 12 years so things may have changed.

On TDN, I occasionally sit in on traffic court in Ventura. Usually, the judicial officer calls for the parties in each case and when an officer is not there, the case is dismissed immediately. On a given day, there might be 5 cases and 1 or 2 won't have an officer to testify. In cases where there is an officer present, the defendant concentrates on disputing what the officer says. That doesn't work. Most of these cases will last maybe 10 minutes or less.

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Quoting flyingron

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RT I suspect roll through his estimate of how fast you were going at the time you passed the point you were required to stop. It's a visual estimation and that's all they need.
I suspect M/C is motorcycle.

The statute requires a stop (a complete cessation of movement, not a momentary locking of the wheels) at the limit line (or other point defined in the statute). Many people's "brief" stops aren't stops at all. Further, you must stop before the line. If you stop past the line you are also guilty. 100 feet is not all that far. Your statements are incriminatory as well. If you roll the stop it also matters NOT whether there is anybody there. You're obliged to stop whether there is conflicting traffic or not.

The dice roll on the TBD in such circumstances. You'll be found guilty unless the cop dies, retires, or becomes so derelict in his duties that he doesn't respond.

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The OP does not have the facts on his side and he doesn't have the law on his side either, as you point out. It's true that the dice are being rolled at TBD but all he's risking is his time, some printer ink, and the cost of postage. Even if it is assumed that 99% of TBDs result in convictions (and I doubt the percentage is anywhere near that) the expected return on risk far outweighs the actual expenses.

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Quoting L-1

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Did you ask for a copy of the officer's copy of the citation, any notes he may have made on the back side and copies of any other reports or notes he may have made in connection with this event? That will tell you what you are up against.

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I did ask for the officer's copy of the citation. He pretty much just wrote that I rolled through at 10mph and he observed this from 100ft away. There's no record to indicate how he got the 10mph though. Nevertheless, the sense I'm getting is that there's not much I can say in my TBD since the judges will believe the officer's account over mine...which is why I am struggling with what to write since nothing is really in my favor.

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Quoting donzoh1

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Don't admit anything. Shorter is better. Don't say anything you know to be untrue. I wrote a TBD once and in the narrative it said "Please accept this as my Not Guilty plea in this case. Respectfully submitted, NAME" I agree with L-1 that many drivers think they stopped when they didn't. The judge will believe the officer on this so I'm not even sure I'd say I stopped, even if I believed I did.

The OP does not have the facts on his side and he doesn't have the law on his side either, as you point out. It's true that the dice are being rolled at TBD but all he's risking is his time, some printer ink, and the cost of postage. Even if it is assumed that 99% of TBDs result in convictions (and I doubt the percentage is anywhere near that) the expected return on risk far outweighs the actual expenses.

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Thanks for your suggestions donzoh1. I'll keep it short and won't admit anything like you said.

I do believe I stopped, but if you recommend not to state I stopped, what would I state instead? I'm staring at my TBD form, and I don't know what else to state because I am fighting that I did not violate CVC 22450(a) which states that drivers shall make a stop at the limit line....Should I just mention I did not violate it and I drove safely, and don't specifically mention that I made a stop?

If he is saying you rolled through at ten and you are saying you stopped at the limit line, that is quite a disparity. If you honestly believe you stopped at the limit line, you can say that. The speed indicated is probably estimated but even if you proved it was really six, not ten, you still would be found guilty. Bottom line is if he responds, you likely will be found guilty but you are pretty much at no risk now.

Apparently, OP already told the officer he did a rolling stop. That is sufficient for a conviction.

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Quoting jeff1970

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If he is saying you rolled through at ten and you are saying you stopped at the limit line, that is quite a disparity. If you honestly believe you stopped at the limit line, you can say that. The speed indicated is probably estimated but even if you proved it was really six, not ten, you still would be found guilty. Bottom line is if he responds, you likely will be found guilty but you are pretty much at no risk now.

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Absolutely correct that an admission like that is enough. If the officer didn't write it down and forgets it, that would be good.