Should I fight a ticket for not running a stop sign?

[suzanneh]

I am a 47 year old woman; who has never had a ticket; except a parking ticket in 1985. Today; I was pulled over for supposedly not stopping at a stop sign. I don't agree with the ticket; but I don't know if I should pay for it and forget it; or go to court? I don't know if my good driving record would be in considered?

Any help (especially from an officer) would be appreciated! I don't want to go to court and make things worse (will it?); but I honestly don't think I was in the wrong.

Thanks so much!

 

[army judge]

You are innocent until proven guilty.
You have the right to a jury trial.
But, in traffic cases, you'll usually lose.

But, most states, including CA offer online and in person traffic school.
You take an online class, successfully complete it (who can't), and the ticket gets dismissed.
Poof, it disappears.

Why waste time in court, when you can spend a few hours taking an online class, and the whole thing goes away???

 

[suzanneh]

You are probably right; but gosh; my pride is hurt! I was so proud of having a clean record! Do you have any idea how much it will cost to pay a ticket and how much it will cost for on-line traffic school? Thanks again!

 

[army judge]

Here are a couple sites:
http://www.gototrafficschool.com/
http://www.onlinetraffic.com/California-online-traffic-school/course-price/

The school is cheap, usually around $25 (or less).

The courts will generally require a traffic school administrative fee, separate from the traffic ticket bail, to be allowed to take our California online traffic school course. This fee does not cover online traffic school course in any way. Online traffic schools are a privately-operated industry and you will be required to pay a traffic school course fee whether you sit in a classroom or select our California online traffic school course.

But, you have to request approval for such schools through the court on the citation.
The court website should tell you all you need to know.
The cost of citations are much higher.
In CA, stop sign violations run about $200 for the first infraction.

Consider paying the entire fine and taking traffic school if you haven't received a ticket within the last 18 months. Traffic school keeps your DMV record clean and keeps your insurance company from finding out about your ticket. To get out of the ticket via traffic school, you'll have to pay the entire fine plus the cost of traffic school, and spend 8 hours in traffic school. But consider that the chances of beating a stop sign ticket in California are lower than with other traffic tickets.

http://www.ehow.com/how_5051362_beat-stop-sign-ticket-california.html

 

[FlaRiptide]

If you have good reason to refute the ticket, I would do so. Do your research and be fully prepared to show the court why you believe the ticket is not warranted.

Chances are the officer may not show up. If he does not, then you automatically win.

A couple of years ago I was ticketed out of town for an improper turn. The officer even advised me that the signage had changed and it was a difficult spot even for the locals. Though he did write me the ticket he also advised that if I were to contest it, he would not show up. Why he told me this I don't know (just being nice I guess?!)

I did indeed contest it, the policeman was not there, and the judge dismissed the case.

I will also advise you that the judge did tell everyone that should they be there to contest their case and should they lose the cost could be more than if they had simply paid the fine.

If you contest the ticket, I am also uncertain if you still retain the chance of taking the traffic school that army judge is speaking of.

 

[CdwJava]

As a note, in CA you do not have a right to a jury trial for infraction cases.

The state has to show that you failed to stop as required at the stop sign. Assuming this was a violation of CVC 22450: Did you come to a complete stop at or before the limit line? If you stopped beyond the line, then you did not make a proper stop ... if you rolled through the stop, even if slowly,then you did not make a proper stop ... if you stopped a half a car length before the line then rolled ahead and over the line, you did not make a proper stop.

If you feel you can make a compelling case to counter the officer's observation, and can cast reasonable doubt based upon the officer's position and visibility of you or the line, or anything else of relevance, then you might prevail. Otherwise, traffic school may be the most viable option.

 

[mightymoose]

Chances are that you did in fact fail to make a complete stop. If you go out to just about any intersection and sit and watch traffic a bit then you will see that very few cars actually make a complete stop. Most come to a very slow roll, but do not actually stop as is required. From the driver's seat you may have felt like you completed the stop, but to an observer at a distance it would have been obvious that the wheels were still turning.

CDW... I believe that coming to a complete stop behind the limit line and then rolling out a bit further is legit... so long as the stop was made behind the line. Traffic school actually teach this... to stop behind the line and then, if necessary, creep out to get a better view of traffic if there is an obstruction, which is common. There is no requirement to stay behind the line... only to make a complete stop behind the line.

 

[CdwJava]

CDW... I believe that coming to a complete stop behind the limit line and then rolling out a bit further is legit... so long as the stop was made behind the line. Traffic school actually teach this... to stop behind the line and then, if necessary, creep out to get a better view of traffic if there is an obstruction, which is common. There is no requirement to stay behind the line... only to make a complete stop behind the line.

It depends on how far back. Stopping ten or fifteen feet behind and then creeping forward ain't what it's about. Whether that was the case or not, who knows? But, I have had people try to argue that one before. "I DID stop!"

Well ...yeah ...in a place where no one else could realistically see or understand you were were heeding the stop sign.

Otherwise, if I were behind a car stopped at the line, and I came to a complete stop, I could argue that I indeed stop before the limit line.

22450. (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.

I agree that this is an unlikely scenario in this instance, but I threw it in there because it is something I have seen in such matters.