Cited for stop sign

[Frupal]

Got cited this morning for not completely stopping at the limit line. I am going to contest it. Also, the cop wrote my vehicle year as 2019 (the car is a 2016). Is this discrepancy enough to ask for a dismissal? I’ve read several conflicting opinions.

[Opie55]

If you actually go to court (or wherever such disputes are adjudicated in Cali) it may be dismissed simply because the cop does not show up. I can't answer about the year discrepancy because I did not practice that sort of law, but if I were a judge and you were standing before me I'd ask you "Do you dispute this was your car or that you were driving it?" In other words, unless there is a legally recognized escape hatch for those types of errors, I might find that gambit a bit annoying. You are better off I think simply making the police prove the case if you simply say "I think I fully stopped. There is no time limit for how long I have to stay stopped, so I don't know what he saw or precisely when he looked, but my practice is to stop." Just curious - how much is the ticket?

[Frupal]

That is sound advice. Thanks for that.

My thinking is that if the officer misread something as basic as the year of my car while holding the registration right in front of his eyes, what else did he observe inaccurately? Perhaps he looked away during the exact moment I came to a stop? Been on duty for too long?

The fine is $238.00, plus another $100 or so and three hours of my time to complete traffic school. I usually always stop. I still get a kick out of the auto-hold feature. Lol! But I honestly don’t remember that moment.

[Walt White Coupe]

Your word against the officer. Who do you think wins that argument?

[DJiGGs]

The only discrepancy that will pass is wrong driver ID/ VIN.... vehicle make/year/model dont mean anything

[Frupal]

Originally Posted by Walt White Coupe

Your word against the officer. Who do you think wins that argument?

The officer - if he shows...

[Opie55]

Originally Posted by Frupal

That is sound advice. Thanks for that.

My thinking is that if the officer misread something as basic as the year of my car while holding the registration right in front of his eyes, what else did he observe inaccurately? Perhaps he looked away during the exact moment I came to a stop? Been on duty for too long?

The fine is $238.00, plus another $100 or so and three hours of my time to complete traffic school. I usually always stop. I still get a kick out of the auto-hold feature. Lol! But I honestly don’t remember that moment.

I agree with you that the misread year could maybe be some evidence of the officer's lack of attention to detail, but that's different than dismissal, which was your original question. But I don't think it's very great evidence and probably would not raise it if it were me, or at least do no more than note it in passing. Actually, if it were me I'd probably pay it an move on with my life. But let us know what happens if you dispute it.

[Qsilver7]

Biggest hope would be for the cop not to show up for the court date. (WIN!)

If they do show up…98% probability you’ll lose (law is mostly on their side)…but the small victory will be that you put off the payment for a month or so (or at least a later date). (small win)

Long shot…you bring up the wrong model year written on the ticket and somehow that goes in your favor to the cop’s attentiveness. (SURPISE win?)

[Oris4]

The only advice I can give is to hire a local attorney who is known at that court house for motor vehicle infractions. Works for me here in Boston many times as they typically know the judge. I read another users post say Cali, if that’s the case I’ve heard great things about ticket dismissers.

Not sure how it works there but here and mostly everywhere it’s not much the ticket but the surcharge you will be paying for next couple of years

[Walt White Coupe]

With my insurance it takes two moving violations in a 3 year period and the insurance surcharge is for 3 years.

[Luftpost]

For peace of mind for just these situations, I have installed a dash camera on several of my vehicles. It will keep me honest as well as those involved. GPS will track your speed, route and of course record any audio. Not sure how this would hold up in court, but it can't hurt (if you are innocent).

Vortex Radar review

L

[Oris4]

Originally Posted by Luftpost

For peace of mind for just these situations, I have installed a dash camera on several of my vehicles. It will keep me honest as well as those involved. GPS will track your speed, route and of course record any audio. Not sure how this would hold up in court, but it can't hurt (if you are innocent).

Vortex Radar review

L

This is also great advice. I have a hardwired Thinkware front and back cam that was initially installed because my previous cls was keyed at my condo complex and for there was no onsite surveillance.

In my 6 I was approaching a rotary by my home and a state trooper was on foot shooting radar and I was signaling a van in front of me to pull over when all of a sudden he let him go then signaled me to pull over. Something I never do is disrespect or challenge a cop on location but I knew it was because of the way my car looks, the fact I was dressed in chill clothes (I’m young), and he probably didn’t think I belonged in the neighborhood (found out real quick when he saw my reg). I originally went in front of the magistrate which I won and the state police wanted it to go in front a of a judge which they usually never do, I knew it was personal when that happened. I’m front of the judge the state trooper told some crazy story that he fabricated and I basically said “your honor, everything that was just said under oath is a lie and I have video of the whole thing” the ticket was dismissed and the trooper received disciplinary action for the way they had conducted themselves.

Without the camera I would have had no case

[FlyinLowSD]

Originally Posted by Luftpost

For peace of mind for just these situations, I have installed a dash camera on several of my vehicles. It will keep me honest as well as those involved. GPS will track your speed, route and of course record any audio. Not sure how this would hold up in court, but it can't hurt (if you are innocent).

Vortex Radar review

L

Have been seriously considering this, though found yesterday where it won’t help. Gentleman (not!) in large Chevy blazer behind me became irritated that I also chose to move into the now open left lane. He proceeded to terrorize me for the next 5 miles, including getting on my left and repeatedly swerving into me. I thought I caught this activity with my phone camera, but did not have it actually recording. Unfortunate. At least, him spotting the camera held up in my hand caused him to back off.

[FlyinLowSD]

Originally Posted by Frupal

Got cited this morning for not completely stopping at the limit line. I am going to contest it. Also, the cop wrote my vehicle year as 2019 (the car is a 2016). Is this discrepancy enough to ask for a dismissal? I’ve read several conflicting opinions.

If you are in fact in California, you should have the option for trial by mail. Going this route was suggested to me years ago by an CHP officer who is also a Marine Reservist. In that case, you submit your statement via mail then the officer has to write up a reply. The difference from going into court is that the officer gets time off to go to court, but having to write up a reply is in addition to all of the paperwork he already has to do. More likely that they won’t get around to it.
IIRC, if you don’t like the outcome you still have the option to go to court.

My trial by mail was successful.

Food for thought. Good luck.

[Kcb14214]

Im in CT now but have lived in NY, georgia, arizona, cali etc and anytime I have gone on a speed or whatever kind of traffic ticket the ada sits outside court and one at a time knocks everything down that wasn’t egregious. In other words, you show up you get some kind of reduction. Speeds of 5 and 10 over to something like seatbelt or stop sign etc. no points on your license and a much snaller dollar amount.

[Alpine650]

The fine is $238.00, plus another $100 or so and three hours of my time to complete traffic school. I usually always stop. I still get a kick out of the auto-hold feature. Lol! But I honestly don’t remember that moment.[/QUOTE]

I wouldn't use the "I usually stop defense". I would bring in the fact that your car is a 2016 not 2019, but not in a way it sounds like your busting the officers chops. If your polite and nice about it the judge/hearing officer might at least reduce the fine.