Author: Shelby Benavidez
Understanding the Basics
What is a Rolling Stop?
A rolling stop, commonly referred to as a “California stop,” is when a driver slows down at a stop sign or red light but doesn’t actually come to a complete stop. Instead of stopping entirely as required by law, the driver slows down and “rolls” through the intersection or turn, assuming that yielding is sufficient if there is no other traffic or pedestrians present.
This behavior is extremely common, especially in low-traffic areas or neighborhoods, but it’s important to understand that from a legal standpoint, a rolling stop doesn’t satisfy the requirement to stop under most state traffic laws and can be extremely dangerous.
A complete stop is defined legally as cessation of all movement. This means that all wheels of the vehicle must stop moving entirely before the driver proceeds through the intersection or makes a turn.
Is a Rolling Stop Illegal?
Rolling stops are considered illegal in the U.S. Under the Uniform Vehicle Code and the traffic laws of all 50 U.S. states, drivers are required to come to a complete stop at stop signs, red lights, and before making right turns on red where allowed.
For example, Texas Transportation Code § 544.010 requires a driver to come to a complete stop at a clearly marked stop line or before entering the crosswalk or intersection. A rolling stop violates this statute and is treated as a moving violation.
If you fail to come to a complete stop, it’s almost a guarantee that a police officer will give you a ticket, especially in areas with a lot of pedestrians or where rolling stops are common and often lead to accidents. If you receive a ticket, you could be facing fines, points on your license, and potential increase in insurance premiums.
In court, a rolling stop ticket is difficult to contest if there is video or officer testimony because the law is clear on the fact that the vehicle must fully stop.
When Are Rolling Stops Allowed?
In general, rolling stops aren’t allowed in any context where a full stop is legally required. However, there are a few misunderstood exceptions or edge cases that can cause confusion.
For instance, at yield signs, unlike stop signs, drivers are allowed to slow down and continue through an intersection if there are no pedestrians or other traffic keeping them from safely doing so. Yield signs allow for a more fluid motion, as long as the driver actually slows down to check for and yield to any approaching traffic or pedestrians. If no traffic is present, a rolling approach may be acceptable.
Additionally, traffic laws don’t always apply in the same way on private property, such as private roads or parking lots, although this depends on state law. Even in these areas, you could be ticketed for reckless driving or failure to stop if you cause an accident.
Emergency vehicles actively heading toward an emergency are usually exempt from making a full stop, but only if it’s safe to do so. If they cause a car accident, they could still be held liable for any damages or injuries.
In short, unless a sign specifically says “Yield” or you are not on a public road, a rolling stop is against the law, and you will probably be fined.
Legal Consequences
What Happens if You Get a Ticket for a Rolling Stop?
If you receive a ticket for a rolling stop, you typically have three options available to you. The first is to pay for the ticket. This is considered an admission of guilt and can result in points on your license, increased insurance rates, and fines. The second option is to attend a defensive driving class. In many jurisdictions, especially first-time offenders, this allows you to dismiss the ticket and avoid having points placed on your driving record. You can usually attend this class online and mail in your completion certificate to the appropriate county. The third option is to fight the ticket in court. This involves pleading not guilty and appearing before a judge to challenge the citation, either by questioning the officer’s observations or presenting mitigating circumstances.
If you choose to argue your ticket, it’s important to know that officers may use dashcam or bodycam footage to support their version of events, and many intersections are now equipped with red-light cameras, making it harder to contest tickets without solid evidence. So, if you’re trying to get out of paying the ticket, even though you know you didn’t actually stop, just know it probably won’t work out for you.
Do Rolling Stop Tickets Affect Insurance?
A rolling stop ticket, like any other citation, can absolutely affect your car insurance premiums, especially if you are a repeat offender. Insurance companies often view these infractions as signs of risky driving behavior, and therefore, deem you as a liability. Typically, a rolling stop is classified similarly to a failure to yield or disregarding a traffic control device, both of which carry moderate weight on your driving record from an insurer’s perspective.
Can You Expunge or Remove a Rolling Stop Ticket?
As mentioned previously, drivers may be eligible for ticket dismissal or deferred adjudication if certain criteria are met. These criteria often include being a first-time offender, having a fairly clean driving record, completing a state-approved defensive driving or traffic safety course, and filing a motion for deferred disposition with the court.
Remember, if you are approved for deferred adjudication to clear your driving record, you will likely be put on probation for an extended period of time, usually 12 months. Within this time, if you receive another ticket, your deferred disposition will be revoked, both tickets will appear on your driving record, and you will likely be responsible for the full cost of both tickets.
Knowing Your Rights in Texas
Your Rights in Texas
In Texas, the Transportation Code mandates a full stop at stop signs and red lights. If you are pulled over for a rolling stop, you have several important rights. First, you have the right to remain silent. You are not required to admit guilt or explain your driving behavior to the officer. Second, you have the right to contest the ticket in court. You can request a hearing date and present evidence or arguments in your defense. Third, you have the right to request evidence related to your case. This includes dashcam or bodycam footage and the officer’s notes, which you can access through legal discovery procedures.
Like many other states, Texas law allows for deferred adjudication and driver safety courses. So, even if you did commit the infraction, you may be able to keep it off your record by paying a portion of the fine, completing a driving safety course, and avoid any other traffic violations for 12 months.
Can Police Stop You Solely for a Rolling Stop?
A rolling stop provides reasonable suspicion and probable cause for a legal traffic stop. Police officers can lawfully pull you over if they observe you failing to come to a full stop. Once you are pulled over, they may also investigate for other infractions. These can include driving without a valid license, driving under the influence of alcohol or drugs, or having outstanding warrants.
From a legal perspective, this kind of enforcement is known as a pretextual stop, where the officer uses a minor infraction as a reason to investigate more serious issues. The U.S. Supreme Court upheld the constitutionality of these stops in the case Whren v. United States (1996), provided the initial traffic violation was legitimate.
What Should You Say If Pulled Over for a Rolling Stop?
If you are pulled over for a rolling stop, or any traffic violation for that matter, it’s important to remain calm and polite while the officer is present. You don’t have to admit fault, such as by saying, “I only slowed down.” Instead, you may simply choose to say, “I’d like to exercise my right to remain silent,” if the officer begins asking questions that may implicate you.
Once the citation is issued, you can ask the officer if you’re free to leave. You’re not obligated to consent to any searches of your vehicle unless the officer has a warrant or clear probable cause. Being courteous and composed, while asserting your rights, is the best approach in these situations.
Whether you live in Texas or another state, knowing your legal obligations and your rights can make all the difference. If you receive a citation, explore your options from defensive driving to court challenges, the law gives you tools to protect your driving record.
Above all, the best defense is prevention. Always stop fully at stop signs and red lights. It keeps you legal, and more importantly, it keeps everyone safe.
