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  1. #1
    Join Date
    May 2017
    Posts
    4

    Default How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

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

    I was issues citation (VC 22450a) for allegedly rolling through a three-way stop sign. I submitted by Trial by Declaration hoping the judge would rule in my favor, but I wasn't surprised when it wasn't. I'm asking for help on how to contest this citation in court. I have already scheduled a court date in July. Below is my Trial by Declaration with exhibits, as well as the officers Declaration.


    TbD_Mine - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    TbD_Officer - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitA - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitB - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitC - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitD - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitD2 - https://drive.google.com/open?id=0B9...HdzMzAxQmdmaDg
    ExhibitE - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitF - https://drive.google.com/file/d/0B9_...ew?usp=sharing
    ExhibitG - https://drive.google.com/file/d/0B9_...ew?usp=sharing


    After reading the officers citation, view my comments below.
    1. Officer says he was at the southwest corner of the intersection. From my recollection, he was posted where my arrow is on Exhibit B, far from the southwest corner.
    2. Officer claims to have a view of the vehicles stopping, but my Exhibit D & D2, it clearly show this is not the case.
    3. Office claims he saw me approach the limit line, and slow slightly and continue through the limit line. This is bull. I stopped, fiddled with my radio for a second, then continued. It may have appeared to the officer I ran the limit line. Looking at Exhibits E and F, my stopped vehicle is way behind the line, and would appear to have passed the limit line, as I slowly accelerated forward.
    4. I never admitted by saying "Yeah". I almost never use this word. If I would have said something along that line, I would have used the word "Yes".

    Thanks, but in the eyes of the law, you're guilty until proven innocent.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    I'm not going to go through your various documents. Pull out the relevant info and post it.

    You have the right to try to convince the court that the officer couldn't see you commit a traffic violation. The officer will state that he could, and I've never encountered a situation in which the officer could not actually see the violation from the position he was in while monitoring traffic.

    You have the right argue that you came to a full stop. The court will decide, based upon the evidence, whether your story is more credible than the officer's.

    You are free to argue that you never say "Yeah", so the officer is wrong about your admission. The court will again decide, based upon the evidence.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,042

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    I was going to make the observation that the place that you are required to stop is NOT at the stop sign but at the white stripe (limit line) painted across the road a few feet beyond the stop sign. If you stopped sufficiently before the limit line, the officer may indeed have seen your "rolling forward" across the line as a rolling stop and he wouldn't be wrong.

  4. #4
    Join Date
    May 2017
    Posts
    4

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    When taking pictures to the court. What size should I take. Should I bring standard size photos, or larger for example 8 x 11 or 11x17.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,042

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    8 x 11 would be fine. They'll just be passed up to the judge. Just make sure they're color glossies with circles and arrows and a paragraph on the back and hope justice isn't blind.

  6. #6
    Join Date
    May 2017
    Posts
    4

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    Update: I won!!! I presented my case in front of the judge. The officer gave his statement then the judge asked a few questions. One being, how fast was defendant going when he passed the limit line? Officer couldn't answer. Judge was a little upset. He ask if I had any questions, I took out my list of about 15 questions with photos. Second question on my list. "How fast was I going past the limit line". Again the officer couldn't answer. Judge chimed in, told the officer "What do you mean, you don't know. Didn't you see what occurred?", then dismissed the case.

    Officer kept trying to push, what he considered my admission of guilt, but judge just ignored him.

    Thanks for everyone's help getting prepared.

  7. #7
    Join Date
    Feb 2010
    Posts
    609

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    Congrats

    This will really piss off the law and order types.

    Did you consider discovery for the audio recording he stated was made??

  8. #8
    Join Date
    May 2017
    Posts
    4

    Default Re: How to Contest a Failure to Stop at Stop Sign Ticket, CVC 22450(A)

    No, but the officer had an audio CD when we showed up to court.

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