Legal Question in Traffic Law in California
about 3 weeks ago i was driving home (i live in los angeles county but was in ventura county) it had just stopped raining after a week of heavy rain, I was laid off in september and denied unemployment which is why i have been unable to buy new tires, the ones i have now aren't in the worst condition but the tread is low, anyway i came to a stop sign and hit the brakes but my car slid past the stop sign and it wasn't until i let the brake go that my car caught the ground and i got control of my car, by then a police officer pulled me over and gave me a "running a stop sign" ticket... can i fight it?
also the intersection is confusing, going east (i was) there is a stop sign, my lane forks so i go left to stop and the other goes right without a stop and that lane going south has a stop at my left, the traffic going north has a stop for turning cars but not for ongoing traffic and in front of me is a dead end, hope its understandable. the cop was going south past me and u turned behind me and i might add he said to me "i don't know if you were speeding but my guess is you couldn't stop because you were" i pointed out the rain and my tires and i was ignored.
1 Answer from Attorneys
That you actually ran the stop sign because you did not maintain the tires does not change the fact that you ran the stop sign because of your actions. You should have been driving more slowly knowing the condition of your tires; you are lucky he did not give you a ticket for driving on bald tires. Yes, your description of the intersection is confusing, but if you clearly knew you had a stop sign it does not matter what problems others might have. And you admit that you saw the stop sign and tried to stop for it.
I do not see any way to win the case. Some traffic court commissioners offer to reduce the cost of the ticket if you plead guilty and waive trial.
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