All that You Need to Know About Stop Sign Violation in California

California Stop Sign Law: An Introduction

The California Vehicle Code 22450 VC covers this law. It states:

• (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.
• (b) The driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing.
• (c) Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where the stop sign would enhance traffic safety.
  
  (Amended by Stats. 2007, Ch. 630, Sec. 8. Effective January 1, 2008.)

The Location of a Stop Sign under the California Stop Sign Ticket:

The law for the stop sign ticket for California varies according to the location, i.e: where you violated. Was it an intersection, a railway crossing, or some other place.

• At an intersection, you get a California Stop Sign Ticket if you stop your vehicle after crossing the 'limit line'. A limit line is a painted white line next to the stop sign.
• At a railway crossing, you get a stop sign ticket for California if you stop after the limit line. If a limit line is not present, you need to stop before the first track or the entrance to the railroad grade crossing.
• For other locations, you need to be vigilant about stop signs. Almost all of the stop signs in California are placed next to a crosswalk or a limit line, so you have to stop before them. Sometimes, these lines become faint with time, which may cause you to ignore them. Remember that this is not a valid excuse and you will be issued a California Stop Sign Ticket if you violate the law.

Duration of a stop under the California Stop Sign Ticket

According to the California Vehicle Code 22450 VC, there is no limit to the duration of the stop.

Generally, a stop is considered when the vehicle is not moving, i.e: it comes to a halt for 3 seconds. However, most experts suggest waiting a little longer to avoid a stop ticket. This is because some officers can take the small duration of stop as ‘no stop’ or a 'California Rolling Stop.'

Be aware that the duration of the stop is not related to empty streets, quiet neighborhoods, or your eagerness to reach your destination.

Even if there is no one around you, you still have to come at a complete standstill at every stop sign. The rule has to be obeyed at all hours and there are no exceptions to the California stop law.

Overall Cost of the California Stop Sign Ticket

If you are among the recipients of the stop sign ticket in California, you will find yourself handling a hefty amount – about $235 as a fine.

Although the base fine is $35 only, you will also have to pay county and state surcharges and penalties. In addition to this, there may be other charges as well depending on your case.

If you are eligible for a defensive driving course, you will have to pay around $60 - $75 for it. However, a course may be worth it since it can help you get rid of points but you will still have to pay the ticket.

Adding up all these expenses, the total amount sums up to be somewhere around $310 - $375.

If you are ineligible for the traffic school, this California Stop Sign Ticket adds up to a point on your driving record. This can end up costing you a lot as the more points you have, the more expensive your insurance gets.

These points can stay on your record for more than 3 years. Hence, we suggest that you take steps to get rid of these as accumulating a high number of points can also put your license in danger.

'California Stop,' or Rolling Stop

A California rolling stop occurs when you roll through a stop sign without fully coming to a stop. This usually happens when the driver is in a rush but it can end up causing you to get a ticket.

This ticket is the same as the California Stop Sign Ticket. You might consider slowing down as stopping but the police officer in charge does not. This is why it is important to make sure your vehicle fully stops.

You Got a California Stop Sign Ticket – Now What?

Once you get a California Traffic Ticket, under the law 22450 VC, you have three options:

• You can either pay the fine and get rid of the ticket
• You can join a traffic school, which you can only do once every 18 months. However, you will still have to pay the ticket
• You can fight the stop sign ticket

The first option will cost you a lot of money and also leave the point on your driving record. The second option may cost more but it will keep the point off of your driving record.

The third option is the best route to take especially when you fight the stop sign ticket using a Trial by Written Declaration as it will not require you to appear in front of a judge and justify your case. It can help you get rid of both your ticket and the point on your driving record.

Once a ticket is dismissed, there will be no record of the California Stop Sign Ticket in your Department of Motor Vehicles (DMV) record. Otherwise, it is a one-point violation.

If you get a certain number of points in a specific time, your driving license can be suspended. This usually happens for 4 points in a year, or 6 points in two years, or 8 points in three years.

If you choose to ignore the ticket and do not pay the fine, do not go to a driving school, or do not fight the ticket in a court, you are charged under Vehicle Code 40508 (a). It states:

(a) A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

Moreover, depending upon the severity of the stop sign ticket, you can also be charged under Vehicle Code 40509.5, which can result in a ban, i.e: the suspension of your driver's license.

How to Fight a Stop Sign Ticket in California?

To fight a Stop Sign Ticket, you can either represent your case yourself in a court or hire a traffic ticket expert who understands the traffic law. Hiring a traffic ticket expert is a common practice as they are all well versed in their work.

Traffic tickets experts use different defense strategies to get rid of the ticket depending on your particular situation.

Some of the most common strategies include:

• Proving that the officer was standing at a great distance from the stop sign, and the ticket is solemnly dependent on the officer's visual judgment. You can challenge the officer's decision in whether a stop was made or not.
• You can argue that there was no stop sign placed at the location or that the stop sign was not visible, i.e: was hidden. In some cases, you may also fight your case that the limit line had faded to a point where you could not see it. Remember that the limit line is the white painted line on the road next to a stop sign, before which you should have stopped.
• You can also defend your case if you got the California Stop Sign Ticket because of an emergency, or to avoid a crash.

No matter what situation you are in, it is always better to hire an expert for your case.

Traffic ticket experts have a great deal of knowledge on how to get dismissals and charge reductions. And most importantly, if you have a traffic ticket expert from Dismissed 4 Less, you do not have to make regular visits to the court. You can keep an eye on your case from the comfort of your home.

How Can Substantial Evidence Strengthen Your Case?

Once you decide to go ahead with the decision of challenging your California Stop Sign Ticket in a court, you must have some evidence with you to strengthen your case. This evidence can either be in the form of the statement of an eye witness statement at the location or photo evidence showing that you did not violate the law.

The law is usually on your side. According to your Constitutional right, you are innocent until proven guilty in a court of law. The government has the burden of proving that an accused has committed the crime charged beyond a reasonable doubt.

These facts ensure that it is not upon you to prove yourself innocent. Instead, the onus of proof lies on the officer who ticketed you. Therefore, your traffic ticket expert will not work on declaring you innocent but will look for a weak link in your case. That weak link will form the basis of creating doubt.

Once doubt is created, the case against you will fall apart due to insufficient evidence.

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