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  1. #11
    Join Date
    Mar 2018
    Posts
    280

    Default Re: Stop Sign - 22450(A)

    You cannot get the ticket dismissed in TBD due to failure of CHP to provide discovery. If you do TBD, though, the officer will submit his statement, which you can get from the court, free of charge, if you lose TBD. What is your defense?

  2. #12

    Default Re: Stop Sign - 22450(A)

    Right, I'm going to request discovery from the DA and if I still get nothing, do a motion to compel.

    I have reason to believe that the officer didn't have a good view of the stop sign as it was poorly lit and dark at the time. However if they produce video evidence I can plead no contest and do traffic school.

  3. #13
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Stop Sign - 22450(A)

    Quote Quoting rtg20
    View Post
    Right, I'm going to request discovery from the DA and if I still get nothing, do a motion to compel.

    I have reason to believe that the officer didn't have a good view of the stop sign as it was poorly lit and dark at the time. However if they produce video evidence I can plead no contest and do traffic school.
    The stop sign is a permanent fixture and I'm pretty sure the officer knows that its there, so darkness making it hard to see the sign isn't going to fly. Let's talk about you. If it was that dark, were you driving without your lights on? (CVC 24250) If the officer saw lights sail through the intersection without stopping (no matter how slowly) that defense isn't going to work either.

    Let me ask you this, did you not commit the violation, or did you commit it and you simply don't want to be guilty?

  4. #14

    Default Re: Stop Sign - 22450(A)

    Whether or not I did it is irrelevant. I'm entitled to my discovery regardless.

  5. #15
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Stop Sign - 22450(A)

    Quote Quoting rtg20
    View Post
    Whether or not I did it is irrelevant. I'm entitled to my discovery regardless.
    Of course you are, but thank you for your answer anyway. Your non-response, response pretty much told me what I wanted to know.

  6. #16

    Default Re: Stop Sign Ticket, VC 22450(A)

    Quote Quoting L-1
    View Post
    Of course you are, but thank you for your answer anyway. Your non-response, response pretty much told me what I wanted to know.
    What difference does it make to you?

  7. #17
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,312

    Default Re: Stop Sign Ticket, VC 22450(A)

    And if there is no MVARS video to obtain? Then what?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #18
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Stop Sign Ticket, VC 22450(A)

    Quote Quoting rtg20
    View Post
    What difference does it make to you?
    How you argue a case depends greatly on whether the accused actually committed the crime. For example, no one wants to put forth a defense that involves perjury.

  9. #19
    Join Date
    May 2014
    Posts
    188

    Default Re: Stop Sign - 22450(A)

    Quote Quoting L-1
    View Post
    As a side note, I will offer the following observation regarding stop sign violations. The law requires that you come to a full and complete stop. Most people depress the brake pedal causing the vehicle to slow until they feel it lurch forward. Based on that lurch, they honestly and truly believe they have come to a full and complete stop when in fact, they have only slowed severely but are still rolling. They then continue on their way and are often cited for the violation. It is only when they feel the car lurch forward and then rock back that they have come to a full and complete stop.
    Which in my opinion is BS. Police will give speeders a "buffer" of generally 10 mph before they ticket, but no buffer for rocking back on a stop. Not to mentioned that tickets are getting rarer as time goes on. Speeding seems to be the main ticket written any more. Tickets for lack of registration, unsafe vehicles, failure to use headlights, wipers, turn indicators, etc. are rare. Failure to stop at a stop sign is probably second to speeding. Heck if you wish to see an incomplete stop, go to the police station and watch how many fail to wait for their vehicles to "rock back". Also look for ones that fail to use turn indicators or head lights on foggy days. Sorry to be bashing them, but only the easy tickets are being written these days.

  10. #20

    Default Re: Stop Sign Ticket, VC 22450(A)

    Quote Quoting L-1
    View Post
    How you argue a case depends greatly on whether the accused actually committed the crime. For example, no one wants to put forth a defense that involves perjury.
    Who said I wanted to argue it? Right now all I want is my discovery. If there's no MVARS...so what. I still want to discover the officer's notes; his location when observing the stop sign, etc.

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