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Got a ticket today, and I plan on fighting it..

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ChrisB

Junior Member
Florida,

I got pulled over after school, the cop was in the lane to the left of me, I was on the outside lane of a two lane road. Getting to the crosswalk the kids we're 5 feet from the road, and not ready to cross yet. I kept going while about 2 seconds afterwards the cop stopped and let the students cross, 30 seconds later she pulls me over, and wants to give me a ticket FOR this..

Not Yielding to a Pedestrian "IN" Crosswalk.

Stature #
316.122 Vehicle turning left.--The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

OBVIOUSLY this is the INCORRECT stature that she wrote on the ticket!!

The one that she SHOULD have but DID NOT write is this,

316.130 Pedestrian obedience to traffic control devices and traffic regulations.--

(7) When traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

NOW with this even being, even if she had wrote this down, the students we're not ready to cross, nor had the begun to cross, and I have TWO witnesses to say so on my behalf. I can also prove that her vision must have been distorted from the position of har car on the round-about.

Should I fight this guys!?

It's a $115.50 ticket and she said 3 points on my licenses! I cannot take this big of a blow right now, and I think I have the chance in court, Opinions?
 


JETX

Senior Member
Should I fight this guys!?

It's a $115.50 ticket and she said 3 points on my licenses! I cannot take this big of a blow right now, and I think I have the chance in court, Opinions?
Opinion:
Pay the ticket. Stay in school.
 

ChrisB

Junior Member
Opinion:
Pay the ticket. Stay in school.
I'm in school and I don't plan on dropping out.

Paying the ticket, will not only be a burden on me but a burden on my parents the 3-4 points will raise my insurance considerably considering my age..
 

cepe10

Member
Your interpretation of the law appears to be quite correct. For a multitude of reasons you should contest the citation

Bring:

Photos of the site of the crosswalk.
your witnesses.
A diagram showing the relative positions of yourself, the LEO, and the pedestrians.
and the statutes you have already found on the issue.

Because the pedestrians were not in the crosswalk - the citation is in error.

5 feet from the road is not in the travelway

The LEO may not even show up for this....
 

ChrisB

Junior Member
Your interpretation of the law appears to be quite correct. For a multitude of reasons you should contest the citation

Bring:

Photos of the site of the crosswalk.
your witnesses.
A diagram showing the relative positions of yourself, the LEO, and the pedestrians.
and the statutes you have already found on the issue.

Because the pedestrians were not in the crosswalk - the citation is in error.

5 feet from the road is not in the travelway

The LEO may not even show up for this....

Thank you, I appreciate this opinion. By any chacne do you thinkl that a Trafic Clinic Law Firm would be of any help to me or worth the $89.00 to have them with me in court?

I will start marking and making diagrams and pictures tonight..thanks again.

-ChrisB.
 

cepe10

Member
Thank you, I appreciate this opinion. By any chacne do you thinkl that a Trafic Clinic Law Firm would be of any help to me or worth the $89.00 to have them with me in court?

I will start marking and making diagrams and pictures tonight..thanks again.

-ChrisB.
You do have a lot at stake so Probably it is worth the insurance to have the help, traffic courts are generally kangeroo courts and it would be good for you to have someone who knows the ropes... keep up your own due diligence and research though...that they will not do well...
 

ChrisB

Junior Member
You do have a lot at stake so Probably it is worth the insurance to have the help, traffic courts are generally kangeroo courts and it would be good for you to have someone who knows the ropes... keep up your own due diligence and research though...that they will not do well...

Good stuff thanks again for the help.
 

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