Tips on How to Fight a Stop Sign Ticket: California Vehicle Code section 22450

Everyone is in a hurry these days.  You thought you came to a complete stop before the limit line, but there are those flashing blue and red lights behind you that probably indicate that a traffic officer viewed your recent stop a little differently than you do.  If you are given a ticket for failing to stop at a stop sign in violation of  California Vehicle Code section 22450,  here are a few tips. 

VC 22450

Stop sign rules are contained in Vehicle Code section 22450, which provides that the driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway. (Veh. Code, § 22450, subd.(a)). Also, the driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing. (Veh. Code, § 22450, subd.(b)). 

Thus, the elements of a violation of Vehicle Code section 22450, appear to be as follows:


(1) A driver; 

(2) of a vehicle;

(3) approaching a stop sign;

(4) at an intersection or a railroad crossing;

(5) shall stop at a limit line, or

if there is no limit line, shall stop before entering the crosswalk of the intersection.

Vehicle Code section 377 defines "limit line" as the point at which traffic is required to stop. A "point" is defined as "a particular or precisely specified position, location, place, or spot." (Webster's New World Dict. (2d college ed. 1976) p. 1100, col. 2.) Thus, in People v. Binkowski (2007) 157 Cal.App.4th Supp. 1, the Appellate Department of the San Bernardino County  Court interpreted the phrase "at" the line to mean when a vehicle’s front bumper reaches that line.. (Id. at p. 6.) 

If you can convince a Judge that any of the elements of the stop sign statute have not been established by the officer's testimony or in response to your written declaration if you are fighting the ticket by declaration, you can win your traffic ticket case.   

Also, any time that you can provide a statement from a percipient witness, such as a front seat passenger who saw you stop, or another witness who saw your vehicle come to a complete stop, this can help you.  

For example, In People v. Jones (2010) 186 Cal.App.4th 216, the Driver asserted that the vehicle came to a complete  stop, but the officer could not see the vehicle come to a full and complete stop from his or her vantage point.   For this defense strategy to work, you may need to take some pictures of the intersection and pictures of where the officer’s vehicle was parked to show that from that vantage point the officer could not see the limit line where your vehicle had stopped.


You can contest this ticket in court or by using a written declaration as stamped on the back of the ticket.  If you lose a trial by written declaration you can request a trial de novo, but you only have a short amount of time to do this.  You can find more information on the court's website. If the officer does not attend the court hearing or respond to your trail by written declaration, you can win your case.  Additinally, you can hire a traffic ticketattorney to help you fight your case in court.  

Penalties and Cost for violating Vehicle Code section 22450

Usually, the court will let you know the amount of fine that needs to be paid if you choose to pay the fine. The base fine for a violation of Vehicle Code Section 22450 is $35 in 2016.  But penalty assessments are added to the base fine, which makes the fine about $238.  Each county adds its own penalty assessments, so  the total amount of the fine you pay will vary depending on which county courthouse you are in.    

A violation of Vehicle Code section  22450 is an infraction and only a fine can be imposed, not jail time.  But the DMV can add a point to your driving record if you do not qualify for traffic school, which means that your car insurance rates could go up.  You are eligible for traffic school if you have not attended traffic school in the last 18 months. 



copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Disclosure: If you click on the Amazon link below, you will be directed to the Amazon website where you can purchase these books that contain additional helpful information on how to fight a traffic ticket.  Fight Your Ticket and Win in California is recommended for California traffic tickets.  But if you are in another state, Beat Your Ticket is recommended. We have received nothing from the author or publisher for recommending these books.  Thank you.   Good luck. 

Last updated : February 7, 2016