Traffic Scofflaws Rejoice

By Al Rodbell


Yes, I'm talking to you- those who probably this very day were guilty of an infraction of the California Code that requires coming to a full stop at every stop sign, even those four way signs where the cross street gets a car or a pedestrian every few minutes at most.

You may have slowed down to a few feet a second, scanned both directions safely, but as long as those wheels are turning, according to the law it is exactly the same as going through the intersection at full speed.

About a year ago when some people in my neighborhood suggested that they were going to propose another stop sign on the road along the wide greenbelt that is the delight of residents of Village Park, I decided to do a bit of research. I presented my findings to the Encintas City Council, that the results of dozens of studies show that inappropriate multi way stop signs, far from preventing accidents, actually increase them.

It's really not that hard to understand, as good drivers actually have their attention diverted, not by looking for cars or children who could dash into the intersection, but for the police car that might need another ticket to top off his day. To make it worse they often make up lost time by speeding up between stop signs, rather than driving at a steady safe speed all along the corridor.

My arguments about the deeper “moral hazard” of turning law abiding citizens into law breakers fell on deaf ears. Inertia is a powerful force- whether in multilevel systems of government, like those that determine traffic regulations, or the amount of force converted to heat required to bring a two ton vehicle to a full stop. And herein lies the hope for us law abiding scofflaws who commit the routine crime of performing “California Rolling Stops.” It is copper. The element that happens make up as much as twenty five percent of brake linings.

Copper is just fine as we normally use it, as wires in our homes and in the pots of upscale cookery. But when heated to high temperatures during braking there are problems, as a recent editorial in the Union Tribune stated, “ Copper is Toxic. As motorists use their brakes, copper dust is released and settles into roadways... to be washed into storm sewers and roadways. It destroys marine life, plants and animals”

The editorial does not suggest ways of lessen the use of brakes, but approves of a law to require less copper in them, even though they acknowledge that “not enough is known about the potential environmental hazards from replacement materials.”

Multi way stop signs, although shown to be worse than useless, are a product of bureaucratic inertia. (need I mention it also being a sweet piggy bank for cash strapped local government?) The energy required to change public perception has been too great, but now there is a new force, that of the conservation movement, those of us who care about the environment that provides a home for all the flora and fauna of our world... which just happens to include us.

Unlike traffic lights, which are the best way to regulate two major arteries that cross at an intersection, multi-way stop signs have long been known to be subject to political pressure, and defective in many ways. Now there is a new element. Beyond the waste of millions of gallons each year in starting those cars from a full stop, we have the biological hazard of a toxic material being added to the food chain with each unwarranted stop.

In a world full of intractable problems, this one is amazingly simple to correct. It's as easy as changing few words in the California code, or the replacement of most four way signs with Yield signs. But Inertia is a powerful force of nature. So while we are waiting for the law to be changed, remember those tickets for rolling stops are expensive, and quoting this article probably won't get you off.

Al Rodbell
June 22, 2010
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This is the link to the survey of the literature on multiway stop signs mentioned above:
Comments can be made here or on The Coast News article of June 25, 2010
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The following comment was made to the discussion forum of the Dept of Transportation:

This problem of unwarranted multi-way stop signs must be conceptualized differently once the inappropriate signs have been in place, as opposed to deciding whether to implement them. Most of the problem intersections would be warranted as 1-2 way stop signs, yet over the years due to political pressure they were made multi-way.

I've explored Gary Lauder's proposed TT sign, and it seems preferable to use existing signage. Here's the dilemma. Since rolling stops are the norm, those with a full stop sign on the secondary street will not notice that the little-"all way" is missing from the bottom. So, they will now roll through as they have been all along. Those on the primary street, if we did this correctly, will not slow down at all. This is a potential danger, only because of the original error.

Yield signs on the primary road would seem appropriate, along with regular stop signs on the secondary road. In California the yield sign seems to turn into a TT when vehicles are lined up on the secondary road as described here on Cal DMV site:
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Yield Signs: Intersections

21803. (a) 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.

(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.
Amended Ch. 623, Stats. 1988. Effective January 1, 1989.
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Part b, would seem to dictate a taking turns, as Lauder's TT sign proposes, without the need for new signage.

I welcome comments

AR
alvrdb-12@yahoo.com
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It would seem that Yield signs on the primary road, matched with stop signs on secondary road would be acceptable, based on this from the California DMV
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Traffic Signs

An eight-sided red STOP sign means you must make a full “STOP” whenever you see a STOP sign. Stop before entering a crosswalk or at a white limit line which is a wide white line painted on the street. If a crosswalk or limit line is not painted on the street, stop at the corner.

A three-sided red YIELD sign means you must slow down and be ready to stop, if necessary, to let any vehicle, bicyclist, or pedestrian pass before you proceed.
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DA on Child Molesters,

When the San Diego Union Tribune printed the opinion piece, “Striking hard at child molesters,” they saw no reason to also print the opposing point of view, because there was none. Written by two elected officials, including the city DA, the only question was how much venom they could pack into their essay. The “Horrible fact of life” that these “despicable criminals” commit “horrendous crimes” are their words from the first two paragraphs.

Political attack ads focus on the smallest deviation away from the most draconian punishment for any sexual offense that includes the word, “child.” Liberal congressman Bob Filner lit into his opponent because he missed a vote to increase penalties for this crime. And the opening salvo of the ugly campaign for Duke Cunningham’s congressional seat was that Francine Busby was dangerous because of her response to a teacher involved in child pornography. Had he procured children to perform sexual acts or profited from this industry? Well, not quite. He simply had joined a web site, along with thousands of otherwise respectable men, that featured images of those under eighteen. Francine Busby’s sin was before having him fired, she commented that he had been a good teacher.

The major point that the writers of this article make is that no adult should be trusted, pointing to predators who are our “children’s teacher, doctor, clergy and even the scout leader.” A clean record, rather than being reassuring, should be a red flag, since we are told most convictions are for first time offenders whose age ranges from 18 to well over 60. They tell us that we should be most suspicious of those who are, “charming and someone you know.” as they are under the radar of suspicion. Got it kids, trust no one, especially those who you know and like.

This is hysteria that is spiraling out of control. The very term “molester” is so encompassing that it makes no distinction between traumatic acts of violence and other offenses whose effect on the victim is far less severe. Sexuality, from childhood on throughout life, will always be a source of both joy and pain. Injury, whether from rejection after intimacy or from the unwanted touch of a stranger is a risk of living. We cannot legislate against the emotional pain of sexual humiliation, or that which comes from cruelty or betrayal of trust in all of its forms.

The bruises of life, under supportive conditions, can be a source of maturation and strength. A child who is inappropriately fondled by an adult has been assaulted. The child should be helped and the adult should be dealt with. While this country no longer looks on such an adult as deserving of help, the degree of punishment should be, at the very least, commensurate to the harm that is done.

Right now, a person convicted of touching a child’s genitals can get almost the same punishment as someone who takes a child's life. And, as the writer proudly points out, if it were two children so abused, the punishment can be exactly the same, life in prison. Proportionality in sentencing has long been a foundation of penology. Besides basic fairness, it is mandated by the limits of the capacity of law enforcement. When a category of crime such as this rises to the level of hysteria other crimes receive less attention. Diminished enforcement of drunk driving laws means more kids are killed, while the courts shift to victims of “bad touching.”

Do we really want our children to grow up in a world where every adult, especially those who show affection, are seen as potential predators. And if "abuse" does occur, should the punishment be so extreme as to exacerbate the event in the child’s eyes, thus increasing his or her trauma. And, finally, if the sentiments expressed by the article become accepted, just what person in their right mind would accept any position where unsupervised interactions with children would make them vulnerable to false accusations with life destroying consequences.

While caution should be taught, so should trust. Finding the balance is a delicate task for a parent, but the recommendation of presumed guilt of this article would come at a great price. The natural bond of affection between young and old, even among strangers, would be replaced with defensiveness and suspicion. It is far from certain whether such a world will be safer for a child, but it certainly will be sadder.
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Striking hard at child molesters
By Bonnie Dumanis and Dianne Jacob
June 9, 2006
There really is no way to tell whether someone is a child molester until a victim cries out for help, law enforcement catches the predator in a sting or the suspect slips up. Case files have proven these criminals can be our children's teacher, doctor, clergy and even the scout leader. It's a horrible fact of life, but it's the truth.
The District Attorney's Office deals with these despicable criminals, but not as often as one might imagine. It's just that when these hideous crimes are reported by the media, they lead the nightly news and are splashed on the front pages of our newspaper. Still, there are many facts that are not being reported about these horrendous crimes.
In 2005, the District Attorney's Office prosecuted 219 cases of lewd acts upon a child in San Diego County. This resulted in an incredible 94 percent conviction rate. Most surprising, only nine of these defendants had one or more serious felony priors, and one of the defendants had three violent felony priors. Nearly all of the sexual predators that this office prosecuted last year had clean records. Their ages ranged from 18 to well over 60, with the majority of molesters ranging from 26 to 39 years old followed closely by those aged 40 to 59.
The child molester is despised within our community and rightfully so. Our office recognizes the gravity of charging a person with this crime. When the police submit their case and evidence to the Office of the District Attorney, strict policies and procedures are in place for our prosecutors in order to ensure justice for all the parties involved.
Once we have a good-faith belief the case can be proved beyond a reasonable doubt then, and only then, do we charge a person with this section of the law.
Child molestation is so egregious the molester must be put away for a long, long time. This is why we diligently utilize the “one-strike law.” One provision of the one-strike law permits us to seek a life prison term if the molester has molested more than one victim.
We were successful in using this important sentencing tool when a local second-grade teacher was convicted for molesting girls in his class. This teacher is now serving a life sentence for his crimes. When someone in that type of position betrays the trust of parents, schools officials, and damages forever the innocence of children, they have forfeited their right to live in our community.
If voters pass Jessica's Law, which will be on the November ballot, we will not have to wait until the molester strikes multiple times. The very first time a sexual predator assaults a child, we could put that person away for 15 years to life. If he or she molests the child while committing a burglary or a kidnap, prosecutors could seek 25 years to life. We know from experience that sexual predators do not stop with one victim, and that's why these tough sentences are so desperately needed. That's why we are asking voters to help us pass Jessica's Law.
What is even more startling about these cases is that most convicted molesters never exhibit any outward clues that they would harm a child until it's too late; they would easily pass any background check at a hospital or a school. The child molester typically will seek out occupations that offer him or her ready access to children. Particularly, they choose occupations that entail trust, such as a teacher, counselor, doctor, coach or cleric. The child molester is frequently charming and someone you know. All of these factors enable the molester to fly under the radar of suspicion and “pick and choose” his next vulnerable victim.
We in law enforcement and government can do only so much; parents must look at those who are closest to their children. According the Department of Justice and our own statistics, 90 percent of those children who are raped under the age of 12 knew his or her offender.
If you suspect something is wrong, trust your instincts. Talk to your child today about “good touch/bad touch.” Encourage your child to tell you if someone has touched them inappropriately. Remind them that they can always tell you anything, at anytime, and that they won't get in trouble. Equally important, know what your child is doing when they are on the Internet. Take steps today to make sure your child is safe. We are doing are part, please do yours. Child molestation is a preventable crime.


 Dumanis is San Diego County district attorney. Jacob is a member of the county Board of Supervisors.




U.T. Article: Striking hard at child molesters By Bonnie Dumanis and Dianne Jacob