Vehicle Code § 22450 CVC – Running Stop Sign in California

California Vehicle Code § 22450 CVC requires you to stop at stop signs. This code section also imposes specific rules as to exactly where you must stop at intersections and railway crossings.

Under California law, rolling stops are not permissible. CVC 22450 says that you must come to complete stops.

The full language of the code section reads:

22450. (a) 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.

(b) 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.

(c) Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where the stop sign would enhance traffic safety.

There are five key things to know about traffic tickets under this section:

• The fine for a violation is $238, plus court costs and assessments.
• If you are cited for failing to stop under CVC 22450, you will (a) pay the fine, (b) do traffic school (once every 18 months) or (c) fight the ticket in court.
• If you complete traffic school or fight the ticket successfully, you will avoid getting points on your DMV record. Otherwise, this is a “one point” violation. You risk getting a negligent operator license suspension if you get 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.
• An attorney can be hired to handle your case in court. If so, you do not need to be present in court.
• Ignoring the ticket (neither paying the fine nor going to court) will likely result in being charged with failure to appear per Vehicle Code 40508. Although failing to stop at a stop sign is just an infraction, failure to appear can be charged as a misdemeanor crime.

In this article, our California auto accident attorneys will answer the following key questions:

• 1. Is it illegal to run a stop sign in California under CVC 22450?
  • 1.1 Where do I stop when at an intersection?
  • 1.2 Where do I stop when at a railway crossing?
  • 1.3 How long must I stop?
• 2. How can I fight the ticket?
  • 2.1 What are the legal defenses?
  • 2.2 Do I need an attorney?
• 3. What are the penalties?
  • 3.1 How much is a ticket?
  • 3.2 How many points are put on my driving record?
  • 3.3 Do I have to go to traffic school?
• 4. Is it a crime to violate CVC 22450?
• 5. What happens if I ignore a ticket?
  • 5.1 What is the violation of Vehicle Code 40508 VC?
  • 5.2 What are the penalties for violating VC 40508?
• 6. What is the effect on a personal injury lawsuit?
• 7. Are there related laws?
  • 7.1 What is California Vehicle Code 21802 (a) VC?
  • 7.2 What is California Vehicle Code 21803 (a) VC?
  • 7.3 What is California Code 21453 (a) VC?

1. Is it illegal to run a stop sign in California under CVC 22450?

Vehicle Code 22450 VC says that you must stop at stop signs. You are also required to stop at specific points before intersections and railway crossings that have stop signs. Further, complete stops are required under the law.

1.1 Where do I stop when at an intersection?

Vehicle Code 22450 (a) reads:

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, you shall stop at the entrance to the intersecting roadway.¹

This means that if you are entering an intersection with a stop sign, you must stop at the first of the following:

• The limit line, if present
• A crosswalk, if present
• The intersecting street

Please note that a limit line is a white line that is painted on the road either next to or in front of a stop sign.

1.2 Where do I stop when at a railway crossing?

Vehicle Code 22450 (b) states:

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.²

This means that if you are approaching a railway crossing with a stop sign, you must stop at the first of the following:

• The limit line, if present
• The first track or the entrance to the railroad grade crossing

1.3 How long must I stop?

California law says that you must come to a complete stop when stopping at stop signs.

A complete stop is when a vehicle is at a speed of zero. The vehicle is not moving forward.

Rolling stops (or so-called “California stops”) are not permissible under VC 22450. A rolling stop is when a vehicle does not come to a complete stop. The vehicle is still in motion, even at the slightest of speeds.

Some people often believe that there is a “three-second rule” in California that mandates all drivers to stop for at least three seconds at stop signs. This is not true. However, the longer you stop means the better chance that you will not receive a ticket.

2. How can I fight the ticket?

There are legal defenses that you can raise if you’re accused of violating VC 22450. It’s in your best interest to consult with an attorney before raising such a defense.

2.1 What are the legal defenses?

There are four common legal defenses to accusations of violating Vehicle Code 22450 VC. These include:

1. There was no stop sign present at the intersection or railway crossing.
2. The stop sign was hidden, or the limit line was faded.
3. The officer was wrong in believing that no stop was made.
4. You failed to stop because of an emergency or to avoid a crash.

It’s important to note that, if you raise any of these defenses, it’s helpful to have photos or witness statements that support your claims.

2.2 Do I need an attorney?

You can represent yourself when fighting a ticket for failing to stop at a stop sign. But, it’s recommended that anyone charged with a traffic violation hire an experienced lawyer.

It’s advantageous to hire an attorney for three main reasons. These are:

1. Prosecutors tend to offer better deals to you if you have a lawyer.
2. Defense attorneys are knowledgeable on how to get charge reductions and dismissals.
3. If you have a defense lawyer, you do not have to go to court.

3. What are the penalties?

There are two penalties for violating VC 22450. The two are:

1. A traffic ticket; and,
2. Points on your driving record.

You do not have to attend traffic school. But, you can choose to do so if you’re authorized.

3.1 How much is a ticket?

If you violate Vehicle Code 22450 VC, the cost of this ticket is approximately $238.³

3.2 How many points are put on my driving record?

If you violate Vehicle Code 22450 VC, you will receive one point on your DMV driving record.⁴

Points assessed on your record are reported to your insurance carrier. The result is typically an increase in your insurance rates for several years.

If you accumulate a certain number of points within a 1-, 2- or 3-year period in California, the DMV can declare that you are a negligent operator. If this is done, the DMV can suspend or even revoke your driving privileges. Either action requires a California DMV hearing.

3.3 Do I have to go to traffic school?

If you violate Vehicle Code 22450 VC, you do not have to attend traffic school.

You can, though, voluntarily choose to do so. Generally, you can go to traffic school if:

1. You have a valid driver’s license;
2. The offense occurred while driving a noncommercial vehicle; and,
3. Your ticket is for an infraction that is a moving violation.⁵

If you elect to go to traffic school, you must still pay your traffic fine.⁶ However, you generally should not get any points on your driving record if you complete the school.⁷

4. Is it a crime to violate CVC 22450 VC?

It is not a crime if you violate VC 22450.

These violations are infractions under California law, and you are not subject to incarceration.

5. What happens if I ignore a ticket?

Two things happen if you ignore a ticket for violating Vehicle Code 22450 VC. These are:

1. You violate a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
2. You may receive penalties for violating VC 40508.

5.1 What is the violation of Vehicle Code 40508 VC?

When you get issued a traffic ticket in California, the officer will have you sign a written promise to appear at the time and place specified.

Failure to appear in California for a ticket is prosecuted under Vehicle Code 40508 VC.⁸ You willfully fail to appear when you are willingly a no-show. It doesn’t matter if you didn’t intend to break the law.⁹

Nor does it matter whether you’re guilty or innocent of the underlying traffic citation.¹⁰ You violate Vehicle Code 40508 just by breaking a promise to:

• Appear in court,
• Appear to pay bail,
• Pay bail in installments,
• Pay a fine within the time authorized, or
• Comply with any condition of the court.¹¹

5.2 What are the penalties for violating VC 40508?

Violation of Vehicle Code 40508 VC is a misdemeanor. The penalties are:

• Up to six months in county jail, and/or
• A fine of up to $1,000.¹²

6. What is the effect on a personal injury lawsuit?

If you run a stop sign and thereby cause an accident, you are likely to be found negligent in a personal injury lawsuit.

California law defines “negligence” as the failure to use reasonable care to prevent harm to oneself or to others. In the context of California car accident laws, the negligent driver is at fault for the accident. Further, the negligent driver may have to pay for any damages caused.

Proving negligence in a personal injury case is sometimes difficult. In California though, you are considered “negligent per se” if you violate a statute. This means you would be negligent per se for violating VC 22450.

Please note, however, that even if you are negligent per se, you may still be able to recover for any damages you incur. This is because of California’s comparative fault laws.

7. Are there related laws?

There are three laws related to VC 22450. These are:

1. California Vehicle Code 21802 (a) VC;
2. California Vehicle Code 21803 (a) VC; and,
3. California Vehicle Code 21453 (a) VC.

7.1 What is California Vehicle Code 21802 (a) VC?

VC 21802 (a) requires you to yield to other motorists at stop signs.

Vehicle Code 21802 (a) VC states:

The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.¹³

For purposes of this section, “yield” means to let other road users go first.

The section includes the phrases “immediate hazard” and “reasonable safety.” These are typically determined by the facts of a case. Further, they provide you with the possible grounds to contest a traffic ticket.

A violation of this code section typically results in two things. These include you receiving:

1. A traffic ticket of $238; and,
2. One point on your driving record.

As with persons accused of violating Vehicle Code 22450 VC, if you are accused of violating VC 21802 (a), you may contest the accusations by raising a legal defense.

7.2 What is California Vehicle Code 21803 (a) VC?

VC 21803 (a) requires you to yield at yield signs.

Vehicle Code 21803 (a) VC states:

The driver of any vehicle approaching any intersection which is controlled by a yield right-of-way sign shall, upon arriving at the sign, yield the right-of-way to any vehicles which have entered the intersection, or which are approaching on the intersecting highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.¹⁴

As with VC 21802 (a), “yield” under this section means to let other road users go first.

Also, the phrases “immediate hazard” and “reasonable safety” are typically determined by the facts of a case. Further, they provide you with the possible grounds to contest a traffic ticket.

A violation of this code section typically results in two things. You will receive:

1. A traffic ticket of $238; and,
2. One point on your driving record.

As with persons accused of violating Vehicle Code 22450 VC, if you are accused of violating VC 21803 (a), you may contest the accusations by raising a legal defense.

7.3 What is California Code 21453 (a) VC?

Vehicle Code 21453(a) requires you to stop at red lights.

Vehicle Code 21453(a) states:

A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).¹⁵

A violation of this code section typically results in two things. You will receive:

1. A traffic ticket of $490-$525; and,
2. One point on your driving record.

As with persons accused of violating Vehicle Code 22450 VC, if you are accused of violating VC 21453(a), you may contest the accusations by raising a legal defense.