What is the name of your state? Washington State
The Citation "Failure to Yield to a Pedestrian In Crosswalk"
Time of Day: Night 7:20pm (Dark)
Intersection:
A North/South Road has a "T" intersection at it's southernmost reach. The road it "T's" with runs East West. All three roadways have a median strip. Each road has a marked crosswalk that crosses the street, has a median strip section and crosses the other side.
I was headed south on the north/south road and turned into the eastbound lane of the east/west road. I was pulled over and given a citation for failure to yield to a pedestrian.
The pedestrian had crossed from the northern side of the east/west road and was in the median strip section of the crosswalk at the time I entered the eastbound lane.
I feel the pedestrian intended to cross the northern half of the road and wait in the median strip portion for a safe crossing opportunity.
The officer didn't attempt to contact the pedestrian.
Several items of interest involving this citation:
The citation is written for a violation of RCW 46.61.231 however there is no such statute. The applicable RCW is actually 46.61.235 (1).
The officer's statement says he was traveling within the 2400 block of the east bound lane of the road when he observed the infraction. The 2400 block is 4-500 feet past the intersection (to the east). The officer would've had to observe the entire incident from his rearview mirror. The officer was actually in the 2100 block of this road (west of the intersection).
QUESTION:
Does the officer commit perjury in court if he states he was in the 2400 block (perhaps by reading off the ticket) and I show he was actually in the 2100 block? I know this is a technicality but I'd like to know any applicable information.
The officer's statement says the pedestrian took 2 steps back to avoid being struck. At the point I passed the pedestrian I was at least 200 feet closer than he was and she was not in the lane I was turning into. I didn't observe any such backtracking. She was in the median strip portion of the crosswalk. She had not entered the portion of the crosswalk that crosses the lane of traffic I turned into.
I'm intending to contest this citation based on the various elements I've presented. I intend to show the officer's knowledge of this law is weak, so weak he wrote the wrong statute number. I intend to show that regardless of the citation errors that the officer could not have made the infraction observation from his cited location. I also intend to show that since the pedestrian hadn't departed the median strip portion of the crosswalk that I didn't fail to yield anyways.
Can anyone provide additional items of interest including any and all possible advice or opinions?
If I request a dismissal based on the invalid statute cited on the ticket, how would I request this?
Would I have to re-fight it again later if a dismissal is initially granted?
I've seen several people respond to some similar questions with a google search suggestion, but this google search on the 5th amendment doesn't exactly explain what I should be looking for. What am I looking for that can help me that connects my dismissal and the 5th amendment/double jeopardy?
I'd also be extremely interested in possible related cases, all the ones I have found involve people who have actually struck people in crosswalks.
For reference I've included the laws involved:
RCW 46.61.235
Crosswalks.
(1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk when the pedestrian is upon or within one lane of the half of the roadway upon which the vehicle is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
Washington State Court Rules: Infraction Rules for Courts of Limited Jurisdiction
RULE 2.1
NOTICE OF INFRACTION
(a) Traffic Infraction Form Prescribed by Administrator for
the Courts. Traffic infraction cases shall be filed on a
form entitled "Notice of Traffic Infraction" prescribed by
the Administrator for the Courts; except that the form used
to file cases alleging the commission of a parking, standing
or stopping infraction shall be approved by the
Administrator for the Courts.
(b) Contents. The notice of infraction shall contain the
following information on the copy given to the defendant,
except the information required by subsections (2) and (6)
is not required on a notice of infraction alleging the
commission of a parking, standing, or stopping infraction:
(1) The name, address, and phone number of the court
where the notice of infraction is to be filed;
(2) The name, address, date of birth, sex, physical
characteristics, and, for a notice of traffic infraction,
the operator's license number of the defendant;
(3) For a notice of traffic infraction, the vehicle
make, year, model, style, license number, and state in which
licensed;
(4) The infraction which the defendant is alleged to
have committed and the accompanying statutory citation or
ordinance number, the date, time, and place the infraction
occurred, the date the notice of infraction was issued, and
the name and, if applicable, the number of the citing
officer;
(5) A statement that the defendant must respond to the
notice of infraction within 15 days of issuance;
(6) A space for the defendant to sign a promise to
respond to the notice of infraction within the time
required;
(7) A space for entry of the monetary penalty which
respondent may pay in lieu of appearing in court;
(8) A statement that a mailed response must be mailed
not later than midnight on the day the response is due;
(9) The statements required by RCW 46.63.060 or other
applicable statute; and
(10) Any additional information determined necessary by
the Administrator for the Courts.
The Citation "Failure to Yield to a Pedestrian In Crosswalk"
Time of Day: Night 7:20pm (Dark)
Intersection:
A North/South Road has a "T" intersection at it's southernmost reach. The road it "T's" with runs East West. All three roadways have a median strip. Each road has a marked crosswalk that crosses the street, has a median strip section and crosses the other side.
I was headed south on the north/south road and turned into the eastbound lane of the east/west road. I was pulled over and given a citation for failure to yield to a pedestrian.
The pedestrian had crossed from the northern side of the east/west road and was in the median strip section of the crosswalk at the time I entered the eastbound lane.
I feel the pedestrian intended to cross the northern half of the road and wait in the median strip portion for a safe crossing opportunity.
The officer didn't attempt to contact the pedestrian.
Several items of interest involving this citation:
The citation is written for a violation of RCW 46.61.231 however there is no such statute. The applicable RCW is actually 46.61.235 (1).
The officer's statement says he was traveling within the 2400 block of the east bound lane of the road when he observed the infraction. The 2400 block is 4-500 feet past the intersection (to the east). The officer would've had to observe the entire incident from his rearview mirror. The officer was actually in the 2100 block of this road (west of the intersection).
QUESTION:
Does the officer commit perjury in court if he states he was in the 2400 block (perhaps by reading off the ticket) and I show he was actually in the 2100 block? I know this is a technicality but I'd like to know any applicable information.
The officer's statement says the pedestrian took 2 steps back to avoid being struck. At the point I passed the pedestrian I was at least 200 feet closer than he was and she was not in the lane I was turning into. I didn't observe any such backtracking. She was in the median strip portion of the crosswalk. She had not entered the portion of the crosswalk that crosses the lane of traffic I turned into.
I'm intending to contest this citation based on the various elements I've presented. I intend to show the officer's knowledge of this law is weak, so weak he wrote the wrong statute number. I intend to show that regardless of the citation errors that the officer could not have made the infraction observation from his cited location. I also intend to show that since the pedestrian hadn't departed the median strip portion of the crosswalk that I didn't fail to yield anyways.
Can anyone provide additional items of interest including any and all possible advice or opinions?
If I request a dismissal based on the invalid statute cited on the ticket, how would I request this?
Would I have to re-fight it again later if a dismissal is initially granted?
I've seen several people respond to some similar questions with a google search suggestion, but this google search on the 5th amendment doesn't exactly explain what I should be looking for. What am I looking for that can help me that connects my dismissal and the 5th amendment/double jeopardy?
I'd also be extremely interested in possible related cases, all the ones I have found involve people who have actually struck people in crosswalks.
For reference I've included the laws involved:
RCW 46.61.235
Crosswalks.
(1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk when the pedestrian is upon or within one lane of the half of the roadway upon which the vehicle is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
Washington State Court Rules: Infraction Rules for Courts of Limited Jurisdiction
RULE 2.1
NOTICE OF INFRACTION
(a) Traffic Infraction Form Prescribed by Administrator for
the Courts. Traffic infraction cases shall be filed on a
form entitled "Notice of Traffic Infraction" prescribed by
the Administrator for the Courts; except that the form used
to file cases alleging the commission of a parking, standing
or stopping infraction shall be approved by the
Administrator for the Courts.
(b) Contents. The notice of infraction shall contain the
following information on the copy given to the defendant,
except the information required by subsections (2) and (6)
is not required on a notice of infraction alleging the
commission of a parking, standing, or stopping infraction:
(1) The name, address, and phone number of the court
where the notice of infraction is to be filed;
(2) The name, address, date of birth, sex, physical
characteristics, and, for a notice of traffic infraction,
the operator's license number of the defendant;
(3) For a notice of traffic infraction, the vehicle
make, year, model, style, license number, and state in which
licensed;
(4) The infraction which the defendant is alleged to
have committed and the accompanying statutory citation or
ordinance number, the date, time, and place the infraction
occurred, the date the notice of infraction was issued, and
the name and, if applicable, the number of the citing
officer;
(5) A statement that the defendant must respond to the
notice of infraction within 15 days of issuance;
(6) A space for the defendant to sign a promise to
respond to the notice of infraction within the time
required;
(7) A space for entry of the monetary penalty which
respondent may pay in lieu of appearing in court;
(8) A statement that a mailed response must be mailed
not later than midnight on the day the response is due;
(9) The statements required by RCW 46.63.060 or other
applicable statute; and
(10) Any additional information determined necessary by
the Administrator for the Courts.
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