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  1. #1
    Join Date
    Dec 2006
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    5

    Default Stop Sign Violation in California

    I recieved a ticket for not completly stopping at a stop sign even though i actually did. I was pulled over 10pm at night with no cars in sight and no pedestrians either. I have 2 witnesses with me that will testify for me that i did stopped. Also i was pulled over on a street that borders another city ( the actual border lines for both cities is on that street) ...i was pulled over in san marcos city by an escondido cop... can a cop from a diff city pull me over in another city on the border of those 2 cities? this was not a sheriff soo the cop has no jurisdiction? ..... i took pictures to support that his line of sight to my vehicle on this 4 way stop is somewhat obscured.... I am planning on doing a "TBD".... should i write on the paper that this cop pulled me over when he had no jurisdiction? help me out on what i should do... thank you...

  2. #2
    Join Date
    Dec 2006
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    5

    Default Re: Stop Sign Violation in California

    what is a motion of discovery? should i use this with my trial by declaration?.... i have a top of the line radar detector that works everytime and my radar did not go off.... now if i motion for discovery and i find out he had no way to prove that he radar my speed at the intersection should i provide that evidence in my letter or will that not help me at all???

    any help would be much appreciative.... thanks

  3. #3

    Default Re: Stop Sign Violation in California

    There is a lot of info out there on a TBD. You can go to the library and get the book by David Brown which has all of the forms. Since it was a city officer you may have a better chance that he will not reply. I think that all officers in CA have statewide jurisdiction but I am not 100% sure. Include notarized statements from your two witnesses. Radar has nothing to do with not stopping at the sign.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Stop Sign Violation in California

    Quote Quoting wrxsteve
    I have 2 witnesses with me that will testify for me that i did stopped.
    Their testimony will be given some weight, but not great weight as they are your friends and considered to be biased in your favor. Plus, it is likely that they were not paying that close attention to your driving. All the same, it can't hurt to bring them with you.

    Also i was pulled over on a street that borders another city ( the actual border lines for both cities is on that street) ...i was pulled over in san marcos city by an escondido cop... can a cop from a diff city pull me over in another city on the border of those 2 cities?
    Yes. Both cities are within the same judicial district (San Diego County Superior Court) and CA peace officers have jurisdiction throughout the state. One cannot cross the city or even the county line and suddenly avoid answering for an offense that occurred within the officer's primary jurisdiction. Additionally, all the agencies in San Diego County (and within most counties in CA) have an interagency agreement permitting officers from any other agency in the county to enforce the law within their jurisdiction with little restriction.

    this was not a sheriff soo the cop has no jurisdiction?
    Incorrect.

    ..... i took pictures to support that his line of sight to my vehicle on this 4 way stop is somewhat obscured.... I am planning on doing a "TBD".... should i write on the paper that this cop pulled me over when he had no jurisdiction? help me out on what i should do... thank you...
    The jurisdiction issue is moot, so it's not even worth raising. Also, if you do a TBD your friends' statements are pretty useless. However, if you lose, you can request a new trial and then could bring them in to testify on your behalf.

    - Carl

  5. #5
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Stop Sign Violation in California

    thanks for the info... soo basically my best bet is to do the TBD and hope for the best?

  6. #6

    Default Re: Stop Sign Violation in California

    Also, if you do a TBD your friends' statements are pretty useless.
    I disagree. I would include anything that would raise a doubt. Pictures showing the officer's line of sight was restricted along with notarized statements of same from your friends should carry some weight and certainly can't hurt.

  7. #7
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Stop Sign Violation in California

    well right now my plans are to head to the library tomorrow to read that david brown book and some other books on fighting this ticket, after that i will figure out what ill need to do..... im going to try and use everything i can to fight this... ill keep you guys posted on what im doing and maybe you can point out what else i should be doing....

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Stop Sign Violation in California

    Quote Quoting lwpat
    I disagree. I would include anything that would raise a doubt. Pictures showing the officer's line of sight was restricted along with notarized statements of same from your friends should carry some weight and certainly can't hurt.
    It may depend on the court, but from what I have read at the California Courts website pictures and diagrams are permitted, but there is absolutely no provision for affidavits - notarized or otherwise. Likely, because there can be no foundation for their admission into evidence.

    - Carl

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