The police will often will cite you for running a stop sign, even when it is clear to them that you did stop. Many drivers are cited for not stopping “behind” the limit line. However, 22450 states that you must stop “at” the limit line, not “behind” the limit line as some officer’s insist.
CVC 22450(a) states: “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….If there is no limit line…the driver shall stop at the entrance to the intersecting roadway.”
It might be necessary to stop over or on top of the limit line to see into the intersection. It is not illegal to stop over the limit line, as long as you do not enter the crosswalk or intersection.
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STATEMENT OF FACTS
Defendant’s Name: William B. Yeats
Case No.: S780824
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22450(a).
The facts of my case are as follows: I came to a complete stop at a stop sign on Hardy Street on the San Diego State University campus and proceeded when it was safe. I was soon stopped by SDSU Police Officer Porchellu (I.D.#1234) and charged with violating CVC 22450(a).
The officer told me: “When you stopped, your front tires were 8 inches over the limit line.” The officer gave this as the reason for writing my citation, the fact that my front tires were not behind the limit line.
With my front tires only 8 inches over the limit line, I was not even close to the entrance of the intersection; my stop was completely safe. Despite the fact that I stopped safely, I decided that I would consult the California Vehicle Code to determine if the law required me to stop behind the limit line, as the officer seemed to believe. I discovered that the law does not require a motorist to stop behind the limit line; one must stop at the limit line.
CVC 22450(a) states: “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….If there is no limit line…the driver shall stop at the entrance to the intersecting roadway.”
As attested to by the officer, I most certainly did stop at the limit line. This law does not require a driver to stop behind the limit line but at the line. CVC 22450(a) gives no specific guidance as to where “at” the limit line specifically might be, but since it does tell the driver where to stop in the absence of a limit line (“at the entrance to the intersecting roadway”) one can reasonably infer that “at” the limit line is any part of the line that does not place one’s vehicle beyond the entrance to the intersection.
With my front tires only 8 inches over the limit line, I was at least 2 feet from the entrance to the intersection since the limit line at Hardy Street is set back at least 3 feet from the intersecting roadway.
I believe that a reasonable interpretation of CVC 22450(a) proves my innocence in this case and I ask the Court to dismiss my citation in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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