hello all,

i got a non moving violation vc38300 and thinking of fighting it. he claims that i did not do a complete stop while i was pretty sure i did.

other than ticketassasin, anyone else have suggestion?

thanks.

 

Welcome to BlackVue | PRODUCTS

 

I had a stop sign ticket similar.

I was told to check the "Vehicle Type" according to my registration, and how he wrote it on my ticket. IE Reg = 120, he wrote 01

 

They watch for tire movement. I think that even if you are right, you will have a hard time proving it and will lose that case more often than not. Unless there is something technical wrong on the ticket itself, it may not be an easy win IMO.

 

A non-moving violation for a failure to stop is pretty hard to fight since it'll be your word vs his words and a judge would more than likely side with his word over yours.

 

Pretty much what everyone said...Once I had a similar situation (in different state) where the cop considered "complete stop" as 3 full seconds. The judge ruled "...if that's what the officer deems appropriate for that location and/or conditions".

How does California count this type of violation? Does it result in any points? If not, it might cost more to fight it than just pay it (which is the whole purpose to most non-point tickets...gravy money).

That said, if it turns out to be a points violation, you have nothing to loose by fighting it and if you have a good/perfect driving record you can try to use that as some leverage. Obviously it will help to be courteous, well dressed/groomed, knowledgeable and articulate about case, have proper representation...pretty much hedging your bets to position yourself in the best light possible as upstanding member of society. If you loose, you still have to pay the ticket.

EDIT: Corrected to clarify a few inferred items in my original post

 

So the cop wrote you basically a "failure to obey sign" instead of a stop sign ticket. So he wrote you a ticket that has a lessor fee and doesn't go on your driving record or effect your insurance...

And you are going to fight it...

I have seen this one before...

When you go into traffic court, the judge is going to look at the offense written, and the reason for the offense, rolling through or not stopping at a stop sign...

Then the judge is going to think about how the cop tried to cut you a break by writing you for a lessor charge that has less effect on your wallet and record...

And then the judge is going to think less of you and find you guilty. Cops, 99.99999999999999999999999999999999999999999999999 99% of the time don't cut some one a break on a ticket by writing them on a lessor charge of the offense didn't occur.

If he was going to cite you on the offense that didn't occur, he would write you on the stop sign cvc...giving you points, higher fee and insurance hike...

Good luck though. If you feel that you truly did come to a stop...before the limit line...the. Fight it!!!!

 

And contrary to what Lex says above, the judge can change it from "failure to obey all signs" to 22450 or 21802.... Both will give you points etc...

 

^^^

Are you A) Current/former cop B) Traffic attorney or C) County judge with significant duty and/or court time with knowledge of behavioral trends to make such sweeping assumptions and generalizations? If not, is that not a bit overreaching as far an key board lawyer-ing goes?

 

As a matter of fact... Yep to "A"..

 

And. Here. We. Go. Commenting of something that was never said

I never said the judge cannot change the ticket. I asked what type of ticket it was and if it might be more trouble than it is worth fighting it.

IF it is a point ticket THEN one has nothing to loose by fighting it.

 

You said, "...you have nothing to loose by fighting it..."

That is what I was responding to. So yes...he can loose something. He can loose a lessor citation and have a greater citation added.

 

I'm sorry I hurt your feelings Lex...

 

Uh, yes, the always present drama of internet semantics, selective and/or out-of-context comprehension and/or general lost in translation miscommunications due to impossible to know individual biases from behind a computer screen

At the end of the day both yours and mine limited personal experiences are single inconsequential data points that are worth absolutely shayt in the grand scheme of things

 

Oh geez...I already apologized for hurting your feelings... What else do I need to do? Buy you an ice cream cone?