Jaywalking

What is the name of your state? CA
We live on a busy street and the cross walk is a ways down the block. Everyone who parks jay walks to get to the apartment. A cop stopped my husband as he was going in and gave him a ticket saying that he saw that some of the cars had to use thier brakes. He says that was not true because he ran across. The ticket is $111. Is there any suggestions for fighting this?

[CdwJava]

Specifically, what section was he cited for? He was probably cited for "pedestrian in a roadway" and not for "jaywalking" - they ARE different offenses and have different elements.

If it was for "jaywalking" he would have to have been crossing between two controlled intersections (i.e. both intersections had lights at them).

If it was for "ped. in a roadway" all that would really be necessary to show is that his actions interfered or impeded traffic ... it does not have to be by much. And all because he ran across the road does not mean that he was not in some way a danger or impediment to traffic.

Carl

[Happy Trails]

**CdwJava, Why do they call "jaywalking", jaywalking?

[CdwJava]

Well, actually, CVC 21954 and CVC 21955 cover pedestrians crossing in a roadway outside a crosswalk. 21954 being the crossing of a street outside the crosswalk, and 21955 being crossing between two controlled intersections - its 21955 that is commonly referred to as "jaywalking" in quick codes and references. But, as it turns out, the CA printed Vehicle Code has both of them indexed as "Jaywalking", yet the term appears no place in either section.

What "jaywalking" truly is, I couldn't say ... it sounds like a reference to a receiver's button-hook pattern in football.

And without knowing WHICH section was cited, there is no way to say what may be done to contest the citation. The hardest to beat would be CVC 21955 as that only requires the presence of the lights - if the lights are present its a loss ... if they aren't, its a win (unless officers are controlling the intersections for some reason).

Carl