Rolled Though Stop Sign - Ticket Has Wrong Intersection
My question involves a traffic ticket from the state of: California
Riverside County City of Wildomar
I was issued a ticket for not stopping at a stop sign
Violation - 22450A VC1
I failed to stop completely
But the Deputy Sheriff wrote the wrong intersection on the ticket.
She wrote it happened at Harvest way & Wagon Train.
Which is not correct. The intersection of the violation was at Harvest way & Wagon Wheel.
The streets in the area could confuse anyone.
There is a Harvest Way East and Wagon Train Dr about 5 blocks away from Harvest Way and Wagon Wheel
Will the ticket be dismissed because it technically written wrong?
The other issue on this case.
I'm supposed to appear May 17th No problem there.
If I plead not guilty and it goes to trial what are my chances the trial date will be befor July 20 2010? (the date I leave the country for 6 months)
Will I be able to ask for a date after I return in December or January?
Re: Rolled Though Stop Sign - Ticket Has Wrong Intersection
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Quoting
bsacheli
Will the ticket be dismissed because it technically written wrong?
Technically, yes... But that's easier said than done...
In other words and after the officer will testify (according to what she wrote on the citation) that she witnessed the violation occurring at Harvest Way & Wagon Train, you'll get your turn to testify (if you so choose) and/or cross examine her about what she testified to...
Question is, how do you intend on convincing the court that she was wrong and that you're right?
Quote:
Quoting
bsacheli
I'm supposed to appear May 17th No problem there.
If I plead not guilty and it goes to trial what are my chances the trial date will be befor July 20 2010? (the date I leave the country for 6 months)
Will I be able to ask for a date after I return in December or January?
If you are arraigned (enter a "not guilty" plea) on May 17th, then the court must schedule your trial within 45 days of that date... or no later than July 1st... Contact the court for more information.
Re: Rolled Though Stop Sign - Ticket Has Wrong Intersection
Re: Rolled Though Stop Sign - Ticket Has Wrong Intersection
After looking at both intersections on GoogleMaps, I don't see any stop signs at Harvest way & Wagon Train (unless they were added in AFTER the GoogleMaps pics were taken)... So you maybe able to argue that there are no stop signs there... And while that does not mean that you can roll through the intersection, theoretically, the statute with which you were cited does specifically require that a stop sign (see below) be posted and the element of the offense that MUST be proven by the officer is that you violated that sign.
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.