Overing

People v. Overing

Good Law
Court of Appeal of CaliforniaAugust 27, 2015JAD15-11California2,349 words

Opinion

Opinion

Ricciardulli, J.

I. INTRODUCTION

Defendant John Louis Overing appeals the judgment following a court trial wherein he was found guilty of failing to stop in violation of Vehicle Code section 22450, subdivision (a). Defendant contends there was insufficient evidence to support the conviction because he complied with the statute by stopping approximately 10 feet before entering the crosswalk, prior to proceeding past the crosswalk and into the intersection.

1 Vehicle Code section 22450, subdivision (a), indicates a vehicle must stop “before entering the crosswalk on the near side of the intersection” without specifying the precise place where the stop should occur. We determine a driver must stop at a spot before entering a crosswalk that enables the driver and other motorists and pedestrians to safely obey the right-of- way laws (see Veh. Code, §§ 21800, subds. (a) & (c), 21950, subd. (a)). In the present case, there was substantial evidence supporting the trial court’s implied finding defendant did not stop at the requisite spot. We thus affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

The violation occurred on July 13, 2014, at the intersection of Sierra Madre Boulevard and…

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