Failure to Yield: Defenses to a Failure to Yield to Pedestrian Ticket

samedi 20 septembre 2014

My question involves a traffic ticket from the state of: Washington, specifically Redmond, WA (King County).

Few months ago, I was cited for failure to yield to pedestrian in cross walk when taking a right turn RCW 46.61.235.1. This was my first ticket in 7+ years and by mistake, I admitted to police officer that I was bit too rushed given the circumstances. I asked for Discovery Request and here is the reply from Prosecutor:

"While employed by city of XXX as Police Officer, I was on a marked police motorcycle monitoring traffic at the intersection of XX and YY. I was parked on the westside of XX south of the intersection with a clear and unobstructed view of traffic. There is a clearly marked crosswalk on the southside of that intersection for pedestrian to cross over. A pedestrian entered the crosswalk from eastside of XX. The defendant's vehicle was stopped prior to the crosswalk. As the pedestrian was still in the crosswalk (west half), the defendant's vehicle drove through the crosswalk. The defendant came within 1/2 lane width of striking the pedestrian. The driver said: "Did I turn before the pedestrian out of the cross walk? I know I was little rushed on my part".



The officer is missing few key points about what happened. After I stopped, I saw crosswalk was clear so I moved little ahead to turn in outer lane. But then suddenly a pedestrian walked from my right side in the crosswalk so I had to stop. While he was walking, another pedestrian entered from the opposite side (eastside) while the walk sign timer had < 10 seconds left. It takes at least 20+ seconds on average to cross that cross walk. By the time, pedestrian coming from eastside who started late was able to cross, the light turned yellow so I thought I shouldn't block the perpendicular traffic (as I as in middle of those two lanes turning right) and I turned right while pedestrian was just one or two steps away from entering the sidewalk. Police officer clearly didn't see that pedestrian started so late. Also pedestrian started when I was about to turn causing me to stop in the middle. Do I have any chance to contest with the above circumstances?



Thanks in advance.





Failure to Yield: Defenses to a Failure to Yield to Pedestrian Ticket

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