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  1. #1
    Join Date
    Feb 2016
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    3

    Question Failure to Stop at Stop Sign Ticket at an Intersection When the Traffic Light was Out

    My question involves a traffic ticket from the state of: Los Angeles, California.

    Hello everyone, I received a ticket, VC 22450, for failing to stop at a stop sign. BUT, here is the scenario: It was at a 4 way intersection, all of the stop lights were out (completely out, no flashing red lights or anything), there wasn't any "stop signs" in the street to temporally replace the lights while they were out, and it was also raining heavily. So I approached the intersection not knowing if it was a 4-way intersection that was converted into a 2-way intersection, but by the time I got close enough realizing it still is a 4-way intersection and I had supposed to stop, I stepped on my brakes and slid over the white lines a little bit. Based on this scenario, do you guys think I have a strong chance of winning this case? I also took pictures and video of the intersection after I received the ticket. Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Stop at Stop Sign 22450

    An intersection with non-functioning signals is always a four-way stop.
    You not only seem to be confessing to failure to stop but also to a violation of the basic speed law.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Failure to Stop at Stop Sign 22450

    Quote Quoting flyingron
    View Post
    You not only seem to be confessing to failure to stop but also to a violation of the basic speed law.
    And inattentive (careless) driving.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Failure to Stop at Stop Sign Ticket at an Intersection When the Traffic Light was

    Although the citation should have been for VC 21800(d), it is correct that you are to treat an intersection as if it's a four-way stop if it's normally controlled by a traffic signal, but the signal is blacked out or inoperative. You can try using the incorrect citation as a defense, assuming the ticket is not amended prior to the hearing.
    Quote Quoting VC Sec. 21800(d)
    (1) The driver of any vehicle approaching an intersection which has official traffic control signals that are inoperative shall stop at the intersection, and may proceed with caution when it is safe to do so.

    (2) When two vehicles enter an intersection from different highways at the same time, and the official traffic control signals for the intersection are inoperative, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any vehicle on a terminating highway shall yield the right-of-way to any vehicle on the intersecting continuing highway.

  5. #5
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Failure to Stop at Stop Sign Ticket at an Intersection When the Traffic Light was

    If there was no stop sign in place at the intersection, the defendant should be acquitted. It is an element of the offense that a stop sign must be present. The fact that the rules for inoperative signals are the same as a stop sign in this case is completely irrelevant.

    I would suggest TBWD with photos demonstrating that the offense was not committed. This is better than an in court trial for at least two reasons. First, there is no opportunity to amend the charge, at least if the court follows CRC 4.210. Second, the officer is not looking stupid in open court. Some judges will amend, delay, or dance around before they will make an officer look stupid.

    As I usually do, I'd suggest delaying the process as long as possible, unless the defendant can't keep track of dates and time frames.

  6. #6
    Join Date
    Feb 2016
    Posts
    3

    Default Re: Failure to Stop at Stop Sign Ticket at an Intersection When the Traffic Light was

    Ok. Thanks everyone for your opinions.

  7. #7
    Join Date
    Feb 2016
    Posts
    3

    Default Re: Failure to Stop at Stop Sign Ticket at an Intersection When the Traffic Light was

    Quote Quoting Mr. Knowitall
    View Post
    Although the citation should have been for VC 21800(d), it is correct that you are to treat an intersection as if it's a four-way stop if it's normally controlled by a traffic signal, but the signal is blacked out or inoperative. You can try using the incorrect citation as a defense, assuming the ticket is not amended prior to the hearing.
    Thank you so much for this information!! My trial was this past Friday, the officer showed up and I still beat the case thanks to the information you gave me. I just wanted to say thank you and that I appreciate your help.

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