Weebs10000
Junior Member
This morning I was cited for violation 21950(a) - Failure to yield to a pedestrian in a crosswalk. This is the defense I plan to give. Could anyone tell me if you think it will hold up in court and how likely it may be that I will not end up being fined for this citation?
1. My vision was impaired by something out of my control. The sun was at such an angle at that time, approx 8:50am as I was heading east, that I could not see the pedestrians in the crosswalk. Once I was across the intersection I may have been able to look sideways and have seen them, but the traffic was heavy and therefore since I did not see them in the beginning and therefore perceived no imminent danger, I kept looking forward to keep from rear-ending the car ahead of me.
2. The citation is exaggerated. It says I was going between 25-31mph. However, I had been stopped behind a KEEP CLEAR area and traffic ahead of me started to move so that it was possible for me to proceed without blocking that area, at which point, since I did not see the pedestrians, I began to move forward. That was the exact moment the officer is citing me for and there is no way that from a dead stop I could have gotten up to 25mph in 2 seconds, especially given the volume of traffic ahead of me and its proximity to my vehicle.
Is this enough to get me acquitted?
1. My vision was impaired by something out of my control. The sun was at such an angle at that time, approx 8:50am as I was heading east, that I could not see the pedestrians in the crosswalk. Once I was across the intersection I may have been able to look sideways and have seen them, but the traffic was heavy and therefore since I did not see them in the beginning and therefore perceived no imminent danger, I kept looking forward to keep from rear-ending the car ahead of me.
2. The citation is exaggerated. It says I was going between 25-31mph. However, I had been stopped behind a KEEP CLEAR area and traffic ahead of me started to move so that it was possible for me to proceed without blocking that area, at which point, since I did not see the pedestrians, I began to move forward. That was the exact moment the officer is citing me for and there is no way that from a dead stop I could have gotten up to 25mph in 2 seconds, especially given the volume of traffic ahead of me and its proximity to my vehicle.
Is this enough to get me acquitted?
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