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  1. #1
    Join Date
    Apr 2009
    Posts
    7

    Default Failure to Stop Before the Stop Sign, VC 22450

    My question involves a traffic ticket from the state of: CA, San Diego

    I am the slowest driver ever; the only ticket I've ever gotten was for wrongful parking. I was driving in the new for me neighborhood; saw the stop sign; stopped at the intersection; turned my head and saw the cop and then proceeded. He followed me, pulled me over and gave the ticket for not stopping. I tried to argue that I did stop. He was intimidating and said that I stopped only after I saw him and that I was not idle for long enough.

    I am annoyed and want to fight it because I feel that it was "a normal length stop" that should not be punished.

    Is it my word against his? All I have to say is that I did stop How will it play out?

    Will I have to take a traffic school?

    Thank you in advance

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Failure to Stop Before the Stop Sign (22450)

    22450 requires that you stop AT the limit line, not before and not after it. I suspect that f you stopped at the intersection, you probably rolled past the limit line, saw the officer or reached the intersection and THEN you stopped. That's what the officer likely saw. If so, then you are guilty of the offense.

    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 .

    If you are otherwise eligible, you can take traffic school to remove the point for the violation if you so choose.

  3. #3
    Join Date
    Apr 2009
    Posts
    7

    Default Re: Failure to Stop Before the Stop Sign (22450)

    Oh. I get it now. This is exactly what he was saying. I stopped too late.

    Thank you

  4. #4
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Failure to Stop Before the Stop Sign (22450)

    The first issue is whether you committed the offense. As cdw said, you probably did and yes, it will be his word against yours and the court will believe him unless you shred his credibility and then the court still might rule against you. You can plead guilty, possibly get a reduced fine, and do traffic school (generally if you've not done that in the past 18 months). If you want to make things a little more difficult, you can do a Trial by Declaration and follow up with Trial de Novo, essentially requiring the prosecution to prove the case twice. For me, the idea that a cop is intimidating is plenty reason to do both.

  5. #5

    Default Re: Failure to Stop Before the Stop Sign, VC 22450

    Can you provide a google map of the location where this occurred? Maybe there was no limit line. That would be helpful in your case.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Stop Before the Stop Sign, VC 22450

    There is no such thing as "not stopping long enough." You need only to have complete cessation of motion and then not to proceed if there is other traffic with the right of way. There's no "three second" rule. If the cop says that, it's easily rebutted. You do have to have made a complete stop at the limit line (or the crosswalk or the intersection).

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