California drivers must come to a complete stop at stop signs and properly yield the right of way to other vehicles at the intersection before pulling away from the stop sign.
The police may arrest motorists accused of ignoring these rules under CA Vehicle Code 21802 – Failure to Stop. Sometimes, the police claim a driver failed to stop, pull the driver over, and end up charging the motorist with driving under the influence (DUI).
You can learn more about this situation and how to handle these allegations with a Los Angeles DUI lawyer.
What Leads to a VC 21802 Ticket?
You may get a VC 21802 ticket if the police claim that you failed to stop at a stop sign properly or that you pulled through an intersection without properly yielding to other motorists.
Generally, the state does not use this law for intersections with a stop sign at all possible approaches. However, motorists in this situation must still come to a complete stop before proceeding for their safety and that of others.
Note that you may also face charges under CA Vehicle Code 22450 – Running a Stop Sign in California if the police accuse you of ignoring a stop sign.
Is Failure to Stop Reckless Driving?
Failure to stop typically does not result in a charge for CA Vehicle Code § 23103 Reckless Driving on its own. However, in cases involving other forms of potentially dangerous behavior on the road, reckless driving could come into play.
Reckless driving is a misdemeanor, not an infraction, so the court treats it more seriously than failure to stop. It’s important that you get legal help on your side if the police accuse you of recklessly operating a motor vehicle.
What Happens if You Get a VC 21802 Ticket?
California treats CA Vehicle Code 21802 – Failure to Stop as a traffic infraction, not a misdemeanor or a felony. The penalties for this act include fines and a point on your driver’s license.
Drivers who get too many points on their license can face a suspension from the Department of Motor Vehicles (DMV). You cannot legally drive with a suspended license, so it’s important to take even minor infractions seriously.
Will a VC 21802 Ticket Increase Your Insurance?
If you do not fight a VC 21802 ticket and get a point on your license, it will probably increase your insurance premiums. However, the change should not go into effect until the next policy period.
You can work with an attorney to push back on a VC 21802 accusation to avoid this repercussion.
Can You Fight a VC 21802 Ticket?
A lawyer may help you fight a CA Vehicle Code 21802 – Failure to Stop ticket. Depending on your circumstances, an attorney may argue that:
- You stopped and yielded to a sufficient degree
- You failed to stop due to emergency conditions
- The police stopped you by mistake
A lawyer will review your situation and determine the best possible defenses for your circumstances. It’s essential that you reach out to a lawyer quickly after you get a ticket so you can go over all of your options.
Can You Face DUI Charges After the Police Accuse You of Failure to Stop?
Sometimes, the police suspect a motorist of driving under the influence (DUI) if they fail to stop. In this circumstance, the police may stop the driver with reasonable cause and request the motorist complete a field sobriety test or blood alcohol content (BAC) test.
While you may decline these tests before an arrest in some cases, refusing a lawfully ordered BAC test can result in the suspension of your driver’s license. Note that you cannot refuse a test before your arrest if you’re under 21 or on probation.
If the police believe you drove while impaired, they may arrest you and charge you under CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol.
DUI Charges Have More Severe Repercussions
A conviction for a DUI can result in jail time, fines, and restrictions on your driving privileges. Therefore, the professionals recommend that you get immediate professional help handling an arrest.
If the police arrested you for a DUI and claimed that they stopped you because you failed to stop and properly yield the right of way. If a lawyer can establish that you obeyed all traffic laws, it may weaken the prosecution’s case.
Lawyers can also dispute the results of BAC tests and push to block the prosecution’s evidence.
Talk to a Lawyer About VC 21802 Charges
You can get professional help handling CA Vehicle Code 21802 – Failure to Stop charges. If this initial charge leads to drunk driving accusations, you can get additional support from a Los Angeles DUI lawyer.
Our team can help you get in touch with an attorney when you call or complete our online contact form.
