I got a Failure to Stop ticket what should I do?
Stop signs are extremely important so as not to drive into any oncoming traffic. They provide drivers with a necessary opportunity to be aware of any other cars within the vicinity in order to avoid an accident. Per the requirements of California Vehicle Code 22450a, 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.
The law is as follows:
Obedience by Driver to Official Traffic Control Devices
21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.
(b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).
Why does my ticket cost so much if the fine is so small?
Get caught running a stop sign in California (which isn’t a thing you would do, but work with us on this) and you’ll get a $35 ticket. But that’s not what you’ll end up paying. A state penalty assessment adds $10 for every $10 of the base fine and rounds up, so tack on $40 for that. Then there’s a county penalty assessment ($7 for every $10) punching it up another $28. A court-construction penalty assessment is good for $20 more. The Proposition 69 DNA penalty assessment might not seem like much ($4), but coupled with the DNA Identification Fund penalty assessment ($16), there’s yet another $20. In total, 11 fees are added to the original $35 ticket, pushing it to $238.
A May 2021 study by the California Legislative Analyst’s Office that zeroed in on stop-sign violations found that the final price of $238 is up $83 from the cost of the same ticket in 2005.
What Happens if I Don’t Take Traffic School for My Ticket
Taking traffic school puts a pin in the extra charges. By keeping the infraction off of your record your auto-insurance company will keep giving you your good driver discount and won’t raise your rates for the ticket. But if you let it get on your record your insurance rate will go up by at least 20% for the three years. That means not spending the money on traffic school cost you money, big time! So don’t le that happen, don’t let that happen to your friends, don’t let that happen to strangers! Click the button take traffic school already!
Six Ways to Resolve a California Traffic Ticket
California law provides for six different ways to resolve a traffic citation in California.
1. Hire an Attorney
Hire a traffic ticket attorney to appear in court for you and determine the best way to resolve the case. You can diminish the stress and aggravation that results from dealing with the citation by retaining an experienced traffic ticket attorney. The attorney can help you find the best way to fight the citation for a “not guilty” verdict so that you can avoid the notation on your driving records and the points that can lead to an increase in your insurance premiums.
2. Appear in Court to Request a Trial
Appear in court and plead not guilty by the deadline indicated on the citation or courtesy notice. Individuals who wish to contest their citations may schedule a court trial at the Traffic Clerk’s Office. The law enforcement officer who wrote the citation will be subpoenaed to appear at the trial. Contact the traffic court in the jurisdiction where the citation was issued for information on scheduling a court trial within the allotted time.
3. Request a Trial by Written Declaration
Request a trial by written declaration and plead not guilty by appearing in person at the Traffic Clerk’s Office or by writing to the Court to request this kind of a trial. Individuals often choose this option if they live far away from the Court.
4. Plead Guilty by Paying the Citation
Plead guilty and incur the points by paying the full amount on the courtesy or final notice on or before the due date (unless the courtesy notice stated that a mandatory appearance is required.)
Payments and payments with requests for traffic violator school may be made in person, by phone or by mail. If individuals must show proof of vehicle registration or insurance or proof that an equipment violation has been fixed, these issues can be handled by mail or in person.
5. Plead Guilty by Paying the Citation in Installments
Plead guilty and incur the points by paying the full amount on the courtesy or final notice in installments. Many traffic courts charge an administrative fee to set up an installment plan. These installment plans do not require individuals to go to court to request time to pay; they can be set up by court staff in the Clerk’s Office.
6. Plead Guilty by Requesting Community Service
Plead guilty and incur the points by requesting that all or a portion of the bail be converted to community service work. The Court has a community service work program for individuals who cannot afford to pay the bail on their citations.
To be eligible to perform community service work, individuals must meet certain financial qualifications. To inquire about community service work, individuals must come to the court to complete a declaration regarding their household income and expenses.
The court will then determine eligibility for community service work. Court staff can provide time-sheets and information on community service work agencies. For those individuals who do not meet the financial qualifications to perform community service work, they may opt to set up a payment plan to pay the bail in monthly installments.