Have you ever rolled through a stop sign or been unsure about right-of-way rules at an intersection? In California, failing to properly stop at a stop sign is a violation of Vehicle Code Section 21802.
Let’s break down what this law means, the potential consequences of violating it, and what you should know if you’re facing a citation. While it may seem minor, small violations can build up into huge consequences.
Speak with our Los Angeles criminal defense lawyers if you’re facing a traffic citation. Our firm will take any criminal case in California or Federal court, large or small.
Understanding California Vehicle Code 21802
This law outlines specific requirements for drivers approaching stop signs. As a driver in California, you must:
- Come to a complete stop at the stop sign (as required by Section 22450)
- Yield the right-of-way to vehicles from other highways that are already in the intersection or close enough to be an immediate hazard
- Continue yielding until you can safely proceed
Once you’ve stopped and yielded properly, you may enter the intersection. Other approaching vehicles must then yield to you. This particular law doesn’t apply when stop signs are present on all approaches to an intersection.
This is all basic information you’ve learned in driver’s education or from the California Driver’s Handbook, but it is your responsibility to follow the law. If you don’t and you’re caught (or cause an accident), a citation for failure to stop under California Vehicle Code 21802.
Consequences of Failing to Stop
If you’re found guilty of failing to stop, you may face:
- Fines
- Points on your driving record
- Potential increases in insurance premiums
- Liability in the event of an accident
Certain circumstances can make a failure to stop charges more serious:
- If your action resulted in an accident
- If there were injuries to other parties
- If you have a history of traffic violations
Common Defenses Against Failure to Stop Charges
If you’ve been cited for failing to stop at a stop sign, there are several potential defenses our attorney, Michael Simmrin, may consider:
Obstructed View
They might argue that your view of the stop sign was obstructed. Some ways this can happen include:
- Overgrown vegetation: Trees or bushes blocking the sign
- Construction or temporary obstructions: Work vehicles or equipment obscuring the sign
- Vandalism or damage: If the sign was knocked down or defaced, or if there were missing road markings warning you about the stop sign.
Emergency Situation
In some cases, your lawyer might argue that an emergency necessitated your actions:
- Avoiding a hazard: If you had to proceed to avoid an accident
- Medical emergency: If you were responding to an urgent medical situation
Disputing the Officer’s Observation
Your lawyer might challenge the officer’s ability to accurately assess the situation:
- Officer’s position: The officer’s vantage point didn’t allow a clear view
- Multiple vehicles: There were several vehicles, making it difficult to determine who failed to stop
Slow Roll Misinterpretation
Sometimes, a very slow roll through a stop sign can be misinterpreted as a failure to stop. Your lawyer might argue that you did come to a complete stop, even if it was brief. This defense often requires corroborating evidence or witness testimony
Why Proper Stopping Matters
Understanding and following stop sign laws is crucial for several reasons:
- It helps prevent accidents, especially in busy intersections
- It establishes clear right-of-way rules for all drivers
- It helps you avoid tickets and legal issues
What to Do If You’re Cited for Failing to Stop
If you receive a citation for failing to stop at a stop sign:
- Remain calm and cooperate with the officer
- Don’t admit fault, but be respectful
- Gather information about the exact location and circumstances
- Note any witnesses or cameras that might have recorded the incident
- Consider your options for contesting the ticket or seeking legal advice
You have a limited amount of time to get legal advice before you must appear before the court about your ticket. The sooner you work with a lawyer, the better chance you’ll have of reducing or eliminating your charges.
While not all violations of this law can be dropped, speaking with a lawyer in a free consultation can help you understand your situation and your legal options.
How Simmrin Law Group Can Defend You Against California Vehicle Code Section 21802
At Simmrin Law Group, we understand that even a simple traffic violation can have significant consequences. If you’ve been cited for failing to stop at a stop sign, we’re here to assist you. Our experienced traffic attorneys can:
- Analyze the details of your case
- Explain your rights and potential defenses
- Investigate the circumstances of your citation
- Challenge the evidence against you when appropriate
- Negotiate with prosecutors for reduced charges or penalties
- Represent you in court to potentially minimize fines or points on your license
Don’t let a failure to stop citation under California Vehicle Code Section 21802 negatively impact your driving record or lead to unnecessary fines. Contact Simmrin Law Group today for a consultation.