My question involves a traffic ticket from the state of: CA
I was cited on a community college campus by a campus police officer on a segway for "failing to yield to a pedestrian". My version of events is as follows:
I was driving on a one-lane road on campus (going below speed limit of course). A girl was walking on the sidewalk parallel to the road (and my vehicle). I came upon a crosswalk with a stop sign and made a full stop (later confirmed by the officer when he pulled me over). The girl was still standing on the sidewalk when I was stopped, so I proceeded to cross the crosswalk in my vehicle. The girl then walked into the crosswalk as my vehicle was halfway through. The officer who pulled me over was located to my and the pedestrian's right, on a road that crossed the road I was driving on. She stepped back and looked really upset when she was within a few feet of the side of my vehicle. The officer saw this and pulled me over. At that point, the girl ran up to him and most likely told him I almost "hit her" with my vehicle. Due to her testimony and from what he supposedly saw, I violated her right of way.
In my opinion, she was not paying attention and proceeded into the crosswalk AFTER I had started moving into the crosswalk and was upset with me for not anticipating her move to cross the street when she gave me no indication she intended to cross, i.e. making eye contact with me, a hand gesture, etc.
Extra details: Citation says I was going 5 mph in a 15, weather was clear and dry and traffic conditions were "medium". This was about 5 weeks ago at 4 pm in the afternoon.
What do you guys think? Do I have a shot at getting this dismissed (either by TWD and/or in person) or should I just plead guilty and pay the (very sizeable) ticket?
The following is the law in its entirety. Can I argue Section B?
V C Section 21950 Right of Way at Crosswalks
Right-of-Way at Crosswalks
21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
I was cited on a community college campus by a campus police officer on a segway for "failing to yield to a pedestrian". My version of events is as follows:
I was driving on a one-lane road on campus (going below speed limit of course). A girl was walking on the sidewalk parallel to the road (and my vehicle). I came upon a crosswalk with a stop sign and made a full stop (later confirmed by the officer when he pulled me over). The girl was still standing on the sidewalk when I was stopped, so I proceeded to cross the crosswalk in my vehicle. The girl then walked into the crosswalk as my vehicle was halfway through. The officer who pulled me over was located to my and the pedestrian's right, on a road that crossed the road I was driving on. She stepped back and looked really upset when she was within a few feet of the side of my vehicle. The officer saw this and pulled me over. At that point, the girl ran up to him and most likely told him I almost "hit her" with my vehicle. Due to her testimony and from what he supposedly saw, I violated her right of way.
In my opinion, she was not paying attention and proceeded into the crosswalk AFTER I had started moving into the crosswalk and was upset with me for not anticipating her move to cross the street when she gave me no indication she intended to cross, i.e. making eye contact with me, a hand gesture, etc.
Extra details: Citation says I was going 5 mph in a 15, weather was clear and dry and traffic conditions were "medium". This was about 5 weeks ago at 4 pm in the afternoon.
What do you guys think? Do I have a shot at getting this dismissed (either by TWD and/or in person) or should I just plead guilty and pay the (very sizeable) ticket?
The following is the law in its entirety. Can I argue Section B?
V C Section 21950 Right of Way at Crosswalks
Right-of-Way at Crosswalks
21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
Failure to Yield: Cited for 21950(A) (Failure to Yield to Pedestrian in Ca)- Do I Have a Shot
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