Process of contesting a STOP SIGN Violation (CVC 22450 a) California?

Question

I have received a moving violation before, however I decided that those were entirely my fault; so I am not the type to jump to conclusions. Recently I received a citation for rolling over a stop sign and here is exactly what happened:

I was heading northbound with a passenger. Ironically, I was demonstrating to her how to be a follow traffic regulations (because she has had 2 major accidents within 6 months). I passed two, small residential streets with no stop signs and reached a three-way intersection with a stop sign and stopped there as I was telling my friend that 3-seconds is the necessary time to stop. I continued to another small street where again I stopped at the stop sign. After crossing the intersection, I see flashing blue and red lights. I ask the officer what is wrong and he told me I didn't stop fully. I asked him "just now?" and he responded "oh no not this one, the one before."

Can I check his dashcam before the court date or only on it? Should I hire a lawyer?

Answer 1

Your first problem is the dashcam itself.  You see, video cameras are still a new technology to law enforcement.  They are more frequently used these days than 10 years ago, but the car may not be equiped with a dashcam.  

If the car happens to be equipped with a dashcam, then you have a potential problem of when the recording starts.  Some cameras need to be turned on manually, while others turn on when the rotating lights turn on.  This can pose a problem to what your are trying to do.  Unless the officer was lucky enough to record your violation, your again out of luck.

If however, the officer had a dashcam in his car, AND he recorded your violation, then you may have a slim chance.  

*This is where I tell you that unless you have a strong knowlege of law, legal proceedure, etc. for you to hire a lawyer instead of fighting it yourself*

AFTER YOU HIRE YOUR LAWYER and tell him your plan to use the dashcam, to which he may or may not agree to use, he would most likely request to see the video tape in its entirety.  Should the tape reveal no wrong doing, your lawyer would probably try to get the tape admitted under the "Best Evidence Rule" seeing as the tape is condisered documentary evidence (which btw, is something not very common to find in a traffic courtroom).  From there, the judge makes the final call as to whether a violation occured or not.  

If you win, congratulations!  now you may wish to talk to the city about paying for all the legal fees including your lawyer (which is a 1983 Tort).

if you lose, sucks to be you...now you get the pleasure of paying an attorney, plus the legal fees, plus the original fine.  Or, you can take the more expensive route and begin the appeal process...

Answer 2

You talk like you're being accused of killing someone.  You want to hire a lawyer for a stop sign ticket??

I don't think I can disagree much with the first poster.  Not much, at least.

Here's the deal:

You're want to contest this, you go to court.  The officer tells his side of the story and you tell yours.  You get to ask questions (through the Court) of the officer.  The Court decides if, based on the evidence, you violated the law.  Period.

The evidence can include oral testimony from both you and the officer.  It can also include video, assuming there was video available.  I am of the opinion that you do have the right to review the video prior to trial (see section 1054 et seq of the Penal Code here: http://www.leginfo.ca.gov/calaw.html).  You should contact the citing agency and ask to review the video tape, if one exists.  Contact them in writing, and request a response in writing.  If they tell you there's no video, then there had better not be any video at trial.  If they refuse to show you the video, note that fact and press on to trial.  If there's a video, you'll see it at trial and the judge will allow you to comment on it at that time - assuming there's anything to comment on.

This could probably go on for days.  Bear with me.

There's no such thing as a "three-second rule" when it comes to stopping.  The law states only that you must make a complete stop.  That's all.  A complete stop can be made in a half second, but you'd be surprised at how many people don't come to a full and complete stop at stop signs.  And many of those people will argue until they're blue in the face that they stopped, only to watch a video and realize that no, they didn't really come to a complete stop because the wheels just never stopped turning.

Finally, if this is going to be your testimony you're going to want to improve on it.  Take most of it out as it has nothing to do with whether or not you stopped.  Talk about the stop sign you're accused of running and talk about the stop you claim to have made there.  Nothing else matters.

Consider taking traffic school if you are eligible.  Insurance won't go up.