Legal Question in Traffic Law in California

I have a question about a traffic ticket and my rights. I was pulled over for a California "rolling stop" which I did not do (I came to a complete stop) but of course it's my word against the cop with no witnesses. The cop gave me a ticket for running a stop sign (which I did not do). My question is- is a rolling stop considered running a stop sign? I would think these are two separate things and would be 2 separate types of tickets but I cannot find any information about this. How can I get a ticket for not stopping at a stop sign when the cop said I stopped but did a rolling stop?


Asked on 5/04/12, 9:26 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The code section you were cited for was probably Vehicle Code 22450.

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.

If there is no limit line or crosswalk, the driver shall stop at

the entrance to the intersecting roadway.

Essentially, you have to come to a complete stop at the limit line (if there is one) or at the intersection if it's not marked with a line like a crosswalk or stop line.

A "rolling stop" isn't a complete stop, so that's why you got cited... at least from his perspective he believes you didn't come to a complete stop. If you did stop as required, then crept forward before proceeding, then you may have a defense, but a full stop is required before the limit.

How do you fight? You can request a trial by declaration first. If the officer doesn't respond, you win. If you lose, you can still request a trial de novo (a court trial). There, you can cross-examine the officer and present a defense if you wish. Typical defenses may include photos and/or diagrams to try and show that the officer could not have been in a position to judge whether or not you stopped completely, etc. You may have additional defenses based on the facts. There are attorneys that specialize in traffic tickets if you're interested in hiring one.

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Answered on 5/04/12, 11:47 am
Andrew Roberts Roberts Law Group

You must come to a complete stop a stop sign. 22450 VC is the section you are looking. This ticket can best be fought by a traffic ticket attorney.

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Answered on 5/04/12, 2:33 pm


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