Unfair traffic ticket! Please help! (Monterey: insurance, attorney, school) - California (CA) - City-Data Forum

Callsup · 06-20-2012, 11:31 PM

I recently got my first traffic ticket ever, so I am not familiar with the process.

Here is what happened:

I was driving downtown (Monterey) and I came to a FULL AND COMPLETE stop at a stop sign, then proceeded to go on my way. Just after that, I was pulled over by a cop. I gave him my drivers license and all, and was very cooperative. He asked if I knew why I was pulled over and I said I had no idea. His exact words were "You cut me off back there" He takes my information and comes back with a ticket for "failing to yield at a stop sign". I asked him to explain the ticket and he refused, and instructed me to attend the court date or call the county clerk if I had questions.

Has anyone ever been cited for the same thing? I will be submitting a trial by written declaration, and I can not make any court dates (I have since received military orders and left the state, soon the country). Any help is greatly appreciated.

1200RT · 06-20-2012, 11:48 PM

what exactly where you cited for? 22450(a)?

Whats the question? Has anyone been cited for failure to adhere to stop requirements?

Ultrarunner · 06-21-2012, 02:48 AM

My brother was cited for rolling through a stop sign... he went to court and the Judge dismissed it.

My brother explained the only way he could shift his new to him Triumph spitfire into first was to come to a complete stop since that vintage didn't have synchromesh in first gear.

I almost was cited for passing a Highway Patrol that started weaving all over the freeway when I first got my license... I dove past him since he started right next to me... a few miles down the road I see him fast approaching and think someone is going to get a ticket and then he pulls me over and starts yelling... he asked if I knew why and I said no... he said I didn't yield to him... I told him the way he was driving I thought it best to steer clear before he caused and accident...

Callsup · 06-21-2012, 03:10 PM

I was cited under 21802 (failure to yield at a stop sign). He didn't have the right of way, he was just mad that I cut him off (which for the record, I did not do on purpose, I'm not from the area and was just trying to find a specific address). I guess my question is, is this a legitimate citation? Did I actually break the law? I truly do not believe so because it says in that 21802 that the car must proceed safely, which I did, right? If I didn't proceed safely, then there would have been an accident (apparently this citation is usually reserved for people responsible for accidents).

CSD610 · 06-21-2012, 03:14 PM

Only a Judge can determine if you received a legitimate citation. Take it to court and see what the Judge decides. The fact that you are now out of state and possibly leaving the country (thank you for your service) may not matter. You may have to either appear personally or be cited for not appearing in court or hire an attorney. Be sure and check with the city or county where you received the citation and ask them what the proper procedure is in your specific situation.

ferretkona · 06-21-2012, 03:43 PM

I doubt cutting a cop off is safe or smart. Pay the ticket and use it to learn.
Coming to a full stop does not give you the right of way in California like in some other states.

1200RT · 06-21-2012, 04:48 PM

You're going to have to be SIGNIFICANTLY more specific in regards to what actually happened, since none of us were actually there.

What was the location and direction of travel of the police vehicle while you were stopped at the intersection? Was this a 2 or 4 way stop? Seriously, we have almost nothing to go on here, other than you say you stopped at the stop sign, and the cop said you "cut him off" (not a technical term).

Also, 21802 is not reserved for accidents only, case in point your citation.

Callsup · 06-21-2012, 09:02 PM

Okay, it's a weird 3 way intersection, if you want to look it up on google maps, search for the Monterey post office (the infraction happened right before I drove past it) I was driving on Madison st and he was on calle principal. At that intersection he claimed I cut him off. And I understand that legally it is not applicable only to accidents, but since the specifics of 21802 say that the car must pass with reasonable safety, which of course I did because nobody was hurt, there was no accident, not even near an accident. Just an angry cop.

notmeofficer · 06-21-2012, 09:58 PM

Yawn... sorry .... traffic school might be helpful for you.... and keep the points off your license for insurance purposes

or you can role the dice on the roulette wheel and hope he doesn't show up.... but since we get paid comp time unless he's on another case the chances aren't great (we get disciplined if we don't show up for traffic court)

We see upwards of 50000 plus cars a day... coming into this officers purview probably means you did commit the violation he alleges

We can write a ticket anytime... no one..including policemen.. cannot violate the vehicle code in a short time on the road .. there are so many CS laws

Good luck

ferretkona · 06-21-2012, 09:59 PM

Quote:

Originally Posted by Callsup

Okay, it's a weird 3 way intersection, if you want to look it up on google maps, search for the Monterey post office (the infraction happened right before I drove past it) I was driving on Madison st and he was on calle principal. At that intersection he claimed I cut him off. And I understand that legally it is not applicable only to accidents, but since the specifics of 21802 say that the car must pass with reasonable safety, which of course I did because nobody was hurt, there was no accident, not even near an accident. Just an angry cop.

So your thought is no harm no foul?

I was speeding but no one got hurt so I do not deserve a ticket??
The idea here is safety and he said you made a unsafe move. It does not mean there has to be blood shed.