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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

  
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby ammi » Fri Nov 25, 2011 9:11 am

So I was driving up "X" street and approaching "Y" street, I slow down to make my right turn, I glance to my left to make sure there is no cars or pedestrians (this is at 11:58pm by the way...the time on my ticket) and I proceed. There are no cars or pedestrians as this is a Sunday night at midnight practically and its dead out...no traffic of any kind. The cop comes out of nowhere, he was not behind me when this happened, so I'm assuming he came from the left. he pulls me over and states where I was going in such a hurry and that I BLAZED through a stop sign. I was born and raised here in Santa Barbara and have driven that street hundreds of times. I KNOW there is no stop sign posted, but he said I ran it. I went back to double check and I am right, there is no sign posted. I believe I did what I should have done, I slowed down, looked for cross traffic and pedestrians and then made my turn.

Does anyone know the law on "STOPS" if there is no actual sign posted? I want to fight it obviously, however I want to make sure I don't look like a fool when I show up in court. Will it help that this is my first violation ever? I've had my license for 7 years and have never even gotten a parking ticket! I'm like the most responsible driver ever.

Thank you for your help!
ammi
 
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby warton26 » Fri Nov 25, 2011 9:13 am

Check with someone who knows the california laws on uncontrolled intersections. I can't help you there. But, in my state, there is no harm/no foul. You would only have to yield if there was other traffic. Cops goof every now and then. Go take some photos of the intersection, and remain polite and friendly in Court. You'll win this one, unless there is some secret California law that I don't know.

California Vehicle Code 22450a. (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, or railroad grade crossing 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 or railroad grade crossing.

(b) 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
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby croslea » Fri Nov 25, 2011 9:17 am

It sounds like you are right. Take pictures of the intersection in question and ask for a court date to challenge the ticket. The rule for an uncontrolled intersection is just as you stated, slow down, make sure the traffic is clear and then proceed.
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby tonibraxton » Fri Nov 25, 2011 9:30 am

If you can take some pictures to court that show there is no sign or stop line painted on the ground I would say you have a good shot of getting the ticket dismissed in court.
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby jabarl » Fri Nov 25, 2011 9:33 am

just go and fight at the court, but make sure you have evidence to prove that there is no stop sign at that corner. You might shoot some picture around that corner.

good luck
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby chason62 » Fri Nov 25, 2011 9:44 am

so when you go to court you ask for a trial... you probably don't even need a lawyer to fight that one, just pictures of no sign at the intersection in question. good luck
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I live in California and I got a ticket for a "stop sign violation" but there is no SIGN on that corner!?

Postby eochaidh94 » Fri Nov 25, 2011 9:55 am

Make sure the intersection noted on the ticket matches the one you were cited at (and the one you take pictures of).

Also check the code you were cited under to make sure he really wrote you for a stop sign violation. Find it on the ticket and look it up here http://howtobeataticket.blogspot.com/p/vehicle-codes.html

The fact your record is clean will have no impact on whether or not the court finds you guilty. (If you were found guilty, it might up your fine if you had prior violations.)
.
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