21456B 29 Walk Wait or Don t Walk Ticket- Falsly Accused With Proof- Need Help

[libjoe67]

What is the name of your state (only U.S. law)?

Los Angeles, California

Hello to all,

First time member seeking advice from this great community. I was recently given a ticket for supposedly crossing the street when the stoplight countdown had already started. That is far from the truth. I was in Downtown LA on the 4th of Feb. accompanying my mother to the garment district. I don't like her going there alone so I went along. As we were walking, I asked if she locked her vehicle. She wasn't sure so I asked her to wait for me while I checked. As I locked the car, a Police officer on a bike drove right past me. We saw each other as I was turning back to go the same direction as he was. On the corner of Olympic & San Pedro, was where he said I crossed when I shouldn't have. The police officer was at the red light in from of a car that was turning onto San Pedro...While we were both going up Olympic. I got to the crosswalk and started to cross when it was green (walk symbol). I can safely say that I was well into the street ( almost half way) when the timer started. I am sure of this and I will tell you why a bit later.
As I was walking across the street, the car turning into me didn't see me and proceeded to turn. At that point, in the middle of the street, I started to run. My first instinct was that the driver was more worried about the officer in back of him than he was about any possible pedestrian that might be walking. Needless to say, the car stopped midway as I ran onto the sidewalk. There was plenty of time on the timer before it turned red. I can only surmise that the officer was mad that he had to suddenly stop due to the driver that was in front of him turning. He might have also caught a glimpse of me running to get out of the way and assumed I started to cross at full stride from the get go. All of that is far from the truth.
As for my proof? Well, when I was pulled over, I was furious at the officer. I started to argue that I was well into the street before the timer started. I also told him I was on the sidewalk well before the timer turned red. I told him I started to run cause I saw the car in front of him starting to turn without looking at my direction first. Needles to say, I felt this was bogus and I was well within my right to cross the street.He began to tell me I was wrong and he had seen me take my first step onto the street when the timer was at 16 seconds ( he noted that on the ticket). When I heard him say that, I calmed down and let him proceed to write the ticket. That was all I needed to hear.
Ahhh...The proof? Well when he said he physically seen me walk onto the street when the time was at 16 seconds, I knew he either is making it up, guessed on the number based on when he saw me running, or he was just delusional. When I started to walk into the street, I'd say I was a quarter of the way in the street before I saw the timer. I saw I had enough time to walk through. Bottom line, the timer started at 14 seconds and NOT at 16 seconds when he said he saw me! That signal light doesn't start at 16, 17, 20 seconds. My mother verified this past Tuesday when she had to go back.

I knew when I heard those words out of his mouth this was all bogus. That's why I stayed quiet the rest of the time I was there. He made that whole thing up so I surmise that he was pissed that he had to stop when the guy in front of him saw me. My instincts told me the guy in front never saw me cause he was too worried about the officer in back of him. I've never fought a ticket in my life but I am so furious that this will be my first ticket I am fighting. I'm heading back to the location of the "infraction" to record the a few sequences of the behavior of the signal light. I'm actually going on on the same day (first Monday of the Month) and start recording at the same time I was ticketed. I want to get as close to the same atmosphere as possible when the all this happened so there is very little doubt to the person reviewing this case.

So my questions are pretty simple:

1. Will this be enough to fight the case? Will using footage be enough to prove my case?
2. I want to fight this ticket but am currently not working. I honestly don't have money for bail so is there a way where I can see a judge without posting bail?

Any opinions, suggestions, or help is welcome,

 

[justalayman]

what is the actual code section you were cited for?

 

[libjoe67]

what is the actual code section you were cited for?

21456 B 29

Thanks!

 

[justalayman]

Walk, Wait, or Don't Walk

21456. Whenever a pedestrian control signal showing the words "WALK" or "WAIT" or "DON'T WALK" or other approved symbol is in place, the signal shall indicate as follows:

(a) "WALK" or approved "Walking Person" symbol. A pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.

(b) Flashing or steady "DON'T WALK" or "WAIT" or approved "Upraised Hand" symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the "WAIT" or "DON'T WALK" or approved "Upraised Hand" symbol is showing.

It would appear the cop has provided you with a full defense to the charge. It is apparently not illegal to enter the crosswalk until the don't walk or wait or upraised hand is displayed. As the section charged states, even if the light changes to wait or don't walk, you are then required to proceed to a sidewalk etc. Since the cop actually wrote you entered the crosswalk while the light was still "walk" or some permissive indicator, there is no violation.

 

[libjoe67]

It would appear the cop has provided you with a full defense to the charge. It is apparently not illegal to enter the crosswalk until the don't walk or wait or upraised hand is displayed. As the section charged states, even if the light changes to wait or don't walk, you are then required to proceed to a sidewalk etc. Since the cop actually wrote you entered the crosswalk while the light was still "walk" or some permissive indicator, there is no violation.

Thanks for your reply.

When the timer changes to seconds, it's a don't walk/yellow light. He said he caught me walking into the street while it was yellow/16 seconds on the timer. But the fact is, he said it was at 16 seconds when there is no 16 seconds on that cross walk. He wrote 16 seconds seconds on the ticket which I deny that number even exists in that signal light. The timer starts at 14 seconds which makes it impossible.
I'm just saying would footage of the signal proving there is no 16 seconds be enough to win the case?

 

[justalayman]

Your lights are a bit different than ours in my state. Our don't walk doesn't display until the timer expires.

You can attempt to use the error in your favor but no guarantees it will work. A judge could simply accept that the timer was running when you entered the crosswalk regardless of what it read.

 

[libjoe67]

Your lights are a bit different than ours in my state. Our don't walk doesn't display until the timer expires.

You can attempt to use the error in your favor but no guarantees it will work. A judge could simply accept that the timer was running when you entered the crosswalk regardless of what it read.

Yeah, that is in the back of my mind but I know I'm right. I'm fighting this.

Thanks!

 

[Zigner]

For clarification - this is how it works for some signals out here:

Green Walk Signal
Flashing Red Don't Walk (or upraised hand) <<< sometimes accompanied by a "countdown timer" showing how many seconds are left before the solid Don't Walk.
Solid Red Don't Walk (or upraised hand)

 

[libjoe67]

For clarification - this is how it works for some signals out here:

Green Walk Signal
Flashing Red Don't Walk (or upraised hand) <<< sometimes accompanied by a "countdown timer" showing how many seconds are left before the solid Don't Walk.
Solid Red Don't Walk (or upraised hand)

Thanks for the response. I am aware how the lights and symbols work. I was legal when the symbol changed and the timer started. I was well into the street when the timer started and the hand sign came up. I guess my point is that the Police officer is saying something that isn't true and I have proof of that. He wrote on the ticket that I started walking onto the street when the countdown timer was at 16 seconds. The timer NEVER shows 16 seconds cause it starts at 14 seconds. That tells me he was guessing at the time based on where I was when he noticed me. I am certain he thought it was a 20 second timer and used 16 seconds to validate the infraction.
In short, what he is saying can't possibly be true.

 

[justalayman]

Thanks for the response. I am aware how the lights and symbols work. I was legal when the symbol changed and the timer started. I was well into the street when the timer started and the hand sign came up. I guess my point is that the Police officer is saying something that isn't true and I have proof of that. He wrote on the ticket that I started walking onto the street when the countdown timer was at 16 seconds. The timer NEVER shows 16 seconds cause it starts at 14 seconds. That tells me he was guessing at the time based on where I was when he noticed me. I am certain he thought it was a 20 second timer and used 16 seconds to validate the infraction.
In short, what he is saying can't possibly be true.

I believe zigner may have been explaining the system for my benefit. I would guess zigner realized that especially since you were confronted with a traffic signal that you were aware of how it operated.


I like your explanation of your defense. It makes some sense. Now, all you have to do is get the folks that determine your guilt to accept it as well. Good luck.

 

[libjoe67]

I believe zigner may have been explaining the system for my benefit. I would guess zigner realized that especially since you were confronted with a traffic signal that you were aware of how it operated.


I like your explanation of your defense. It makes some sense. Now, all you have to do is get the folks that determine your guilt to accept it as well. Good luck.

My bad.

Thanks for wishing me luck.

 

[peterjohnson]

I also want to say that you should accept your guilt it may be better for you!