Dismiss Stop Sign Ticket
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“California Roll” Violations Should be Dismissed
When we learn the basic rules of the road essential for traffic safety, we tend to consider traffic laws to be pretty straightforward. For example, most people think of section 22450 of the California Vehicle Code as “failure to stop at a stop sign.”
However, the vehicle code denotes a number of “stop requirements” that go beyond the simple need to stop.
One key aspect of the vehicle code that determines how stop must be conducted is the location in which the stop is required. Were you at an intersection? A railroad crossing? Depending on the location, the law holds different regulations.
CVC 22450
In the world of traffic laws and regulations, the California Vehicle Code (CVC) stands as the ultimate guide for drivers and law enforcement officers alike. Among the numerous provisions outlined in the CVC, one of the most important is Chapter 8, which deals with special stops required under certain circumstances. Enacted in 1959 by the California legislature, this chapter contains a set of statutes (22450-22456 CVC) that outline specific situations where drivers are required to come to a complete stop:
CHAPTER 8. Special Stops Required [22450 – 22456] ( Chapter 8 enacted by Stats. 1959, Ch. 3. )
(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.
Location of Stop – Intersection
If the stop sign appears at an intersection, the driver must stop at the first of the following that the driver encounters:
- the “limit line” – the white line that is painted on the road in front of or next to the stop sign
- a crosswalk that has been painted on the road
- the intersecting street
If you find yourself at an intersection enforced by a stop sign but do not see a designated limit line, keep these additional indicators in mind to ensure you are following the law.
Location of Stop – Railway Crossing
If the stop sign appears in front of a railway crossing, the driver must stop at the first of the following that the driver encounters:
- the limit line
- the first track or the entrance to the railroad grade crossing
The location of the “entrance” to the grade crossing is sometimes unclear, so ensure to use your best judgment. If you touch the track without stopping, however, you have gone too far.
Other Locations for California Vehicle Code 22450
Section 22450 allows local governments to place stop signs almost anywhere.
There are many instances that some drivers call special stops, which is a provision of law in California that makes it clear that there should be a stop sign or that drivers should act as if there was one.
A common example is a pedestrian crosswalk in the middle of a street that connects one shopping center to another. A local ordinance will likely provide that drivers need to stop at a stop sign governing that crosswalk before entering the crosswalk and at normal speed.
Regardless of the location, if the law requires a driver to stop before touching a limit line or crosswalk, the limit line or crosswalk must be visible.
If it has not been repainted in some time, the lines might be too faint to give a driver notice of their existence. Keep in mind the secondary indicators noted in the vehicle code exist for this reason.
Duration of Stop
The law requires a driver to stop, but it does not require the driver to stop for any defined length of time. Due to this element an alleged violation is discretionary based on the officers observations.
However, a complete stop occurs when the vehicle is no longer moving forward.
California Vehicle Code §587 states:
“Stop or stopping” when prohibited shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.
Consequences of Violating CVC 22450 on Driving Record
Though Californians joke about their affinity for the “California roll”, failing to stop at the stop sign is a serious matter in the eyes of the law. Rolling stops are especially punished if a law enforcement official catches you doing this.
The minimum fine for a violation of CVC 22450 is $238 and one point added to the offender’s driving record.
Defenses Against Traffic Tickets for Stop Sign Violations
It’s not always easy, or ever, to fight a stop sign violation since it comes down to your word against a police officer. Judges will very likely side with the officer. But it’s not a given, especially if you hire an experienced traffic ticket lawyer. Just like you would hire the best criminal defense lawyer for other crimes, your traffic ticket merits getting the best legal defense possible to dismiss it.
There are some common legal defenses for charges of violating Vehicle Code 22450 VC. One is that there was no stop sign present, for example. This is common at many railway crossings or older intersections.
Another effective defense is that the stop sign has been hidden from view by another sign, a tree branch, or even faded.
You can also argue that the officer was simply wrong and that a complete stop was made, although it’s difficult to prove without video footage or witnesses, an important factor in any defense. Finally, you could argue that you failed to stop in order to avoid a crash or another emergency.
Were you cited for CVC 22450, and are concerned about the consequences? Reach out to our team for a free ticket review to learn more about your options and avoid more points added to your driving record, or your driving privileges suspended, all based on a simple traffic citation for failure to make a complete stop.