Help with fighting 1 VC-22450A-I in writing

Status
Not open for further replies.
B

baytix

New Member
Hello,

My husband and I were driving on a Saturday morning on a curving street. He was driving within the speed limit, and when the curve came to a right, a stop sign came into view close by at a T junction (there was no right turn, he had two options to go straight or turn left). Given I was >7 months pregnant, and there were no car behind us, on our left of in front of us, he didn't want to hurt my belly (our baby) by slamming on the brakes, so stopped a few yards past the stop sign (still clear of T). Just then, a cop pulled up and gave him a ticket for moving at 4 miles per hour at the stop sign. We went back and took photos, and have an idea where the cop car was hiding. There's an option to write in instead of appearing in court. We're all ears for advice on winning this case, as we can use the fine on diapers.

Thanks much in advance,

C
 
People rarely beat traffic citations. There's far too much easy money in the table to let it get away.
Go ahead write the letter. He'll still have to pay.

The only sure fire way still costs, but it's much cheaper and always works, TRAFFIC SCHOOL.
 
He can talk to a traffic law attorney & see what he/she can do for him or there is traffic school as noted but they both do cost & I know you both want to save money. (Could be cheaper than ticket though)
 
VC 22450 requires you to stop AT the limit line ... not after, and not before. Once he traveled over the limit line without coming to a complete stop, he was subject to citation.

If he wishes to contest the matter via trial by written declaration, he can, but he has no real defense. Assuming he was traveling at the posted speed limit and at a safe speed for conditions, he will have a hard time showing that the intersection and the sign were posted improperly or in such a way that it would be unsafe to come to a complete stop in time. But, he loses nothing by trying. And, if he loses, he can request a trial de novo which is a new trial. However, should he lose at trial (or in the TBWD) the court may not permit him to take traffic school. If traffic school is a must in order to keep insurance rates down, then he should consider the possibility of pleading guilty and taking traffic school if he is otherwise eligible for it. Yes, he will have to pay the fine plus a small fee for the traffic school, but, it could keep the insurance bump for the point to his license off of his record.
 
Seriously, you are 7 plus months pregnant and that is the excuse? Would you also testify to the court you have not had sex in months out of fear of harming the baby?:biglol:
 
Thank you. This is helpful. My husband's last ticket was 356 days before this one (9 days shy of one year) that was issued for an improper U-turn (he followed the car before us and both got ticketed. We didn't know about the trial by written declaration option then, and didn't stand a chance fighting it in court. How should this be taken into consideration in this one please (what are the implications if we fight and lose)? Prior to that, there was a speeding ticket in 2012 that he took traffic school. Thanks again in advance.

CdwJava said:
VC 22450 requires you to stop AT the limit line ... not after, and not before. Once he traveled over the limit line without coming to a complete stop, he was subject to citation.

If he wishes to contest the matter via trial by written declaration, he can, but he has no real defense. Assuming he was traveling at the posted speed limit and at a safe speed for conditions, he will have a hard time showing that the intersection and the sign were posted improperly or in such a way that it would be unsafe to come to a complete stop in time. But, he loses nothing by trying. And, if he loses, he can request a trial de novo which is a new trial. However, should he lose at trial (or in the TBWD) the court may not permit him to take traffic school. If traffic school is a must in order to keep insurance rates down, then he should consider the possibility of pleading guilty and taking traffic school if he is otherwise eligible for it. Yes, he will have to pay the fine plus a small fee for the traffic school, but, it could keep the insurance bump for the point to his license off of his record.
Click to expand...
 
Becoming pregnant is not easy for everyone, and we tend to be super careful after miscarriages + other heartbreaks.
 
baytix said:
Thank you. This is helpful. My husband's last ticket was 356 days before this one (9 days shy of one year) that was issued for an improper U-turn (he followed the car before us and both got ticketed. We didn't know about the trial by written declaration option then, and didn't stand a chance fighting it in court. How should this be taken into consideration in this one please (what are the implications if we fight and lose)? Prior to that, there was a speeding ticket in 2012 that he took traffic school. Thanks again in advance.
Click to expand...

If he is not eligible for traffic school, he may have little to lose but time and money (if he doesn't get paid for time off of work) by fighting the ticket. He might get lucky and the citing officer may not respond to a TBWD or to trial.
 
Thank you. He took traffic school in 2012, so he's eligible to take it.

The question is that since he fought the U-turn ticket in 2013 and lost. If he fights for this one (rolling stop at Stop sign) and loses, what happens then? Just want to understand the implications.

Thanks again in advance!

C

CdwJava said:
If he is not eligible for traffic school, he may have little to lose but time and money (if he doesn't get paid for time off of work) by fighting the ticket. He might get lucky and the citing officer may not respond to a TBWD or to trial.
Click to expand...
 
baytix said:
Thank you. He took traffic school in 2012, so he's eligible to take it.

The question is that since he fought the U-turn ticket in 2013 and lost. If he fights for this one (rolling stop at Stop sign) and loses, what happens then? Just want to understand the implications.

Thanks again in advance!

C
Click to expand...

If he has taken traffic school within the past 18 months, then he will not be eligible to do so again and will have to pay the allocated fines. It's not fighting the cite that is the issue, but whether he took traffic school or not.
 
DEFERRED ADJUDICATION for traffic citations aren't given in California.

Too bad, that's your best way out of traffic citations in states that permit its use.
 
Last edited:
Thank you. He's not taken traffic school in the last 18 months. So if he go ahead and fights it and loses, what are the implications to the records?

Thanks again in advance!

CdwJava said:
If he has taken traffic school within the past 18 months, then he will not be eligible to do so again and will have to pay the allocated fines. It's not fighting the cite that is the issue, but whether he took traffic school or not.
Click to expand...
 
baytix said:
Thank you. He's not taken traffic school in the last 18 months. So if he go ahead and fights it and loses, what are the implications to the records?

Thanks again in advance!
Click to expand...

If he fights and loses, he can pay the fine and ask for traffic school to keep the point off of his license record. However, if he is eligible for traffic school, he will almost certainly be permitted TS if he pleads guilty or no contest at the outset, but if he goes to trial and loses, the court is under no obligation to allow him to take traffic school ... the court may allow it, but it is not a guarantee.
 
Never mind, saw 356 days since last. Good driving out the window. Good luck.


Sent from my iPhone using Tapatalk
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top