What is the name of your state (only U.S. law)? Virginia
I was recently given a citation outside of a local bar for "failing to yield the right of way of pedestrians and blocking the sidewalk".
Basically, I left the bar (which had an outside patio). I was on the sidewalk outside of the patio and grabbed and drunk the last sip of my drink, in which I understand is a violation of bar policy, and I was reminded empatically about it by one of the bouncers at the bar. Clearly, I was in the wrong and recognized that. The comotion from the bouncer lured a street cop to the scene, in which the officer told me to the sidewalk. I refused and told him respectfully that I am well within my rights on the sidewalk and I'm going to wait for my friends to exit the bar so I can take them home.The officer then told me to step in the street, in which I refused again because there is no reason to stand in the street, especially when the sidewalk was so broad. The officer became angry and decided to handcuff me and take me across the street. The outside patio bar patrons were shocked at what they've just witnessed,
The officer wrote up the citation, and one of the people i came to the bar with video taped the incident. The officer harrassed and insulted my friend, telling us that he is threatening his saftey by filming the incident.
The officer then uncuffed me and handed me my ID. As I grabbed it from him and reached for my wallet, the officer told instructed me to 'please not put my hands in my pockets because he doesn't know if I'm armed'. He then issued my citation and my friends and I left for home.
Upon researching the citation, I found the code that was written on it: 25-627. it states;
Sec. 25-627. Right-of-way.
(1) The driver of any vehicle upon a street or highway shall yield the right-of-way to a pedestrian crossing such street or highway within any clearly marked crosswalk, whether at midblock or at the end of a block, or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, or at any intersection when the driver is approaching on a street or highway where the legal maximum speed does not exceed thirty-five (5) miles per hour, except at intersections or crosswalks where the movement of traffic is being regulated by traffic officers or traffic direction devices where the driver shall yield according to the direction of such officers or devices.
(2) No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
(3) The drivers of vehicles entering, crossing or turning at intersections shall change their course, slow down or come to a complete stop, if necessary to permit pedestrians to safely and expeditiously cross such intersections.
(4) Pedestrians crossing highways or streets at intersections shall at all times have the right-of-way over vehicles making turns into the highways or streets being crossed by the pedestrians.
(Code 1958, § 29-585)
State law references: Similar provisions, Code of Virginia, § 46.1-231.
Now this code has nothing to do with the alleged 'violation', nor was I failing to yield to pedestrian traffic or blocking the sidewalk.
My question is, if the wrong code is written on the ticket and I did not violate any law, will this be thrown out in court? Also, do I have any chances on bringing the officer/city of norfolk to court for being handcuffed for no reason, harrassed, insulted, and detained on the corner in front of a bar full of people? I felt I was clearly violated and was handcuffed when I showed no aggression or escalation, nor was I read any miranda rights while I was being handcuffed.
Thanks for any advice at all
Tim
I was recently given a citation outside of a local bar for "failing to yield the right of way of pedestrians and blocking the sidewalk".
Basically, I left the bar (which had an outside patio). I was on the sidewalk outside of the patio and grabbed and drunk the last sip of my drink, in which I understand is a violation of bar policy, and I was reminded empatically about it by one of the bouncers at the bar. Clearly, I was in the wrong and recognized that. The comotion from the bouncer lured a street cop to the scene, in which the officer told me to the sidewalk. I refused and told him respectfully that I am well within my rights on the sidewalk and I'm going to wait for my friends to exit the bar so I can take them home.The officer then told me to step in the street, in which I refused again because there is no reason to stand in the street, especially when the sidewalk was so broad. The officer became angry and decided to handcuff me and take me across the street. The outside patio bar patrons were shocked at what they've just witnessed,
The officer wrote up the citation, and one of the people i came to the bar with video taped the incident. The officer harrassed and insulted my friend, telling us that he is threatening his saftey by filming the incident.
The officer then uncuffed me and handed me my ID. As I grabbed it from him and reached for my wallet, the officer told instructed me to 'please not put my hands in my pockets because he doesn't know if I'm armed'. He then issued my citation and my friends and I left for home.
Upon researching the citation, I found the code that was written on it: 25-627. it states;
Sec. 25-627. Right-of-way.
(1) The driver of any vehicle upon a street or highway shall yield the right-of-way to a pedestrian crossing such street or highway within any clearly marked crosswalk, whether at midblock or at the end of a block, or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, or at any intersection when the driver is approaching on a street or highway where the legal maximum speed does not exceed thirty-five (5) miles per hour, except at intersections or crosswalks where the movement of traffic is being regulated by traffic officers or traffic direction devices where the driver shall yield according to the direction of such officers or devices.
(2) No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
(3) The drivers of vehicles entering, crossing or turning at intersections shall change their course, slow down or come to a complete stop, if necessary to permit pedestrians to safely and expeditiously cross such intersections.
(4) Pedestrians crossing highways or streets at intersections shall at all times have the right-of-way over vehicles making turns into the highways or streets being crossed by the pedestrians.
(Code 1958, § 29-585)
State law references: Similar provisions, Code of Virginia, § 46.1-231.
Now this code has nothing to do with the alleged 'violation', nor was I failing to yield to pedestrian traffic or blocking the sidewalk.
My question is, if the wrong code is written on the ticket and I did not violate any law, will this be thrown out in court? Also, do I have any chances on bringing the officer/city of norfolk to court for being handcuffed for no reason, harrassed, insulted, and detained on the corner in front of a bar full of people? I felt I was clearly violated and was handcuffed when I showed no aggression or escalation, nor was I read any miranda rights while I was being handcuffed.
Thanks for any advice at all
Tim