Question:

How is this a stop sign violation?

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Okay so this is what happened. It's midnight, there are no cars out, and I'm driving out of my neighborhood streets to get onto the main street. On the outside lane (closest to the middle [going east]) of the main street is a cop driving. I was going about 10-15mph into the stop before heading into the main street (I'm also going to go east). I stop a bit later than usual and my front tires stop before the crosswalk line. My stop was pretty hard, but I did go into a complete stop. The cop then pulls me over saying that he thought I was going to hit him, and tickets me for a stop sign violation.

Just a note, I was driving my parent's car which I haven't drove in months, and it's big SUV brakes were a lot different than my sedan's brakes so I underestimated how much I needed to brake.

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5 ANSWERS


  1. At first it did sound like a rolling stop. Sometimes with automatics it feels like you are at a complete stop but you are actually still moving a bit more. It is pretty common with large SUVs. But that would all depend on how long you were stopped.

    Once you have reached the crosswalk line you have usually gone to far. Most often even if one inch of your bumper is over the line or past the sign post the ticket is valid.

    The judge will listen to the officer's testimony about how in his estimation you were not in control of the vehicle and that he thought you were going to hit him. As far as where you were actually stopped.... it is your word against his. You saying that you were unfamiliar with the brakes will seal the deal and cast doubt upon your story.

    Don't waste your time on this and just pay it as it a minor little ticket.  


  2. Sounds like a rolling stop to me  the motion of the car has to  be complete to be classified a stop  

  3. Heavier vehicles have more momentum. When switching to an unfamiliar car it always pays to proceed with more caution, drive slower, take it easy in the turns, and brake earlier until you get a feel for the way it handles. The judge isn't likely to care that you stopped ahead of the sign because you weren't used to driving the SUV yet.

  4. Well, you said it "I stopped a bit later than usual. Which is an admission that you should have stopped sooner. You must stop at the stop sign not beyond it. The stop was pretty hard which means I wonder if you did not see the cop, would you have stopped? Since the cop thought you were going to hit him, he saw the hardness of the stop. In this case I would say just pay the fine, and if you borrow someone else's car test drive it first to see how the breaks work.

      

  5. This may be very ticky-tacky, but it is a violation if ANY part of the car crosses the limit line before the stop.  If your tires were AT the line, it is likely that your bumper was over it.  People v. Binkowski (2007) 157 Cal.App.4th Supp. 1.

    ADD:  BTW, C=Clear (weather), D=Dry (roadway), L=Light (traffic), Dark=light (night).

    I would not recomment just paying the ticket.  I would recommend traffic school to keep it off your record.

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