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Failure to Yield to Pedestrian Ticket - Massachusetts

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Peanut85

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

I have never been to court so I'm all nervous right now. I'm going to fight the ticket fine of $200 and most likely points. Any help or advice would be greatly appreciated.

I was turning left onto a one way street with three lanes, I was the third car making the turn. After making the turn, the first car took the lane on the left, the next car (a SUV, Chevy Tahoe) took the middle and I took the far right. Driving along the street we were all staggered, the left (1st car) being ahead, then the suv, then my sedan on the right.

Apparently there was an undercover cop attempting to cross the street from left side of the street to the right. My vision of the left side of the crosswalk was blocked so I had no idea he was even there. The first car went past the crosswalk but as I was driving towards the crosswalk,the suv started to slow down then just continued on. As I crossed the crosswalk I noticed the undercover cop was waving his hands still on the edge of the crosswalk and about 50 feet past the crosswalk there were a bunch of cops in a parking lot telling all three of cars to pull over.

This was being continued on and more or less the whole parking lot was packed with cars getting pulled over for the same ticket with the same undercover cop walking when there are cars coming his way. Evil entrapment!! Do I have a good shot of getting this ticket tossed? What is going to happen during the court case?What is the name of your state (only U.S. law)?
 


I_Got_Banned

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

I have never been to court so I'm all nervous right now. I'm going to fight the ticket fine of $200 and most likely points. Any help or advice would be greatly appreciated.

I was turning left onto a one way street with three lanes, I was the third car making the turn. After making the turn, the first car took the lane on the left, the next car (a SUV, Chevy Tahoe) took the middle and I took the far right. Driving along the street we were all staggered, the left (1st car) being ahead, then the suv, then my sedan on the right.

Apparently there was an undercover cop attempting to cross the street from left side of the street to the right. My vision of the left side of the crosswalk was blocked so I had no idea he was even there. The first car went past the crosswalk but as I was driving towards the crosswalk,the suv started to slow down then just continued on. As I crossed the crosswalk I noticed the undercover cop was waving his hands still on the edge of the crosswalk and about 50 feet past the crosswalk there were a bunch of cops in a parking lot telling all three of cars to pull over.

This was being continued on and more or less the whole parking lot was packed with cars getting pulled over for the same ticket with the same undercover cop walking when there are cars coming his way. Evil entrapment!! Do I have a good shot of getting this ticket tossed? What is going to happen during the court case?What is the name of your state (only U.S. law)?
What code section were you cited for?
 

Peanut85

Junior Member
Chapter 89: Section 11

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty

Section 11. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.

No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.

Whoever violates any provision of this section shall be punished by a fine of not more than $200.

Whenever a pedestrian is injured by a motor vehicle in a marked crosswalk, the department of state police or the municipal police department with jurisdiction of the street, in consultation with department of state police if deemed appropriate, shall conduct an investigation into the cause of the injury and any violation of this section or other law or ordinance and shall issue the appropriate civil or criminal citation or file an application for the appropriate criminal complaint, if any. This section shall not limit the ability of a district attorney or the attorney general to seek an indictment in connection with the operation of a motor vehicle which causes injury or death and which violates this section.
 

adam_12

Member
Jumping ahead, but this is a pet peeve of mine here in CA:

From Mass:
Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty

Section 11. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.

No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.


The way this law, and CA law, is written it seems to indicate a need to YIELD to the pedestrian, and not to STOP. So you- with two other cars passing over the crosswalk- did not actually impede the 'pedestrian'. Using the language in the law, I'd make the argument that 'I didn't need be to stop since the pedestrian couldn't cross due to the two other vehicles between me and the pedestrian. Had I been the only car, I surely could have seen him, and I would have stopped to allow him to cross, since he would have had a clear path to my lane of travel.'
 

Peanut85

Junior Member
Jumping ahead, but this is a pet peeve of mine here in CA:

From Mass:
Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty

Section 11. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.

No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.


The way this law, and CA law, is written it seems to indicate a need to YIELD to the pedestrian, and not to STOP. So you- with two other cars passing over the crosswalk- did not actually impede the 'pedestrian'. Using the language in the law, I'd make the argument that 'I didn't need be to stop since the pedestrian couldn't cross due to the two other vehicles between me and the pedestrian. Had I been the only car, I surely could have seen him, and I would have stopped to allow him to cross, since he would have had a clear path to my lane of travel.'
That's what I was thinking also....thanks! I was hoping I wasn't the only one interpreting it that way.
 

Mass_Shyster

Senior Member
Evil entrapment!!
It's not entrapment. Entrapment is enticing you to do something illegal that you would ordinarily do. The officer was simply standing in the crosswalk. He did not entice you to fail to yield.

This paragraph is where they have you:

No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.
 

I_Got_Banned

Senior Member
The way this law, and CA law, is written it seems to indicate a need to YIELD to the pedestrian, and not to STOP.
Re-read the code section:

Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty
Section 11.​
When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.

No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.


 

Peanut85

Junior Member
I admit defeat on the "entrapment" word but wouldn't my arguements with these have any chance then?

1) No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating (or am I misinterpreting this?)

2) I couldn't stop since I was not able to see him and the pedestrian couldn't cross anyways due to the two other vehicles between me and the pedestrian
 

I_Got_Banned

Senior Member
1) No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating (or am I misinterpreting this?)
I disagree that this is the portion of the statute that you were in violation of due to the fact the, by what you posted, no other vehicles were stopped... I would venture a guess that you were in violation of the first paragraph:

The pedestrian was in the crosswalk (or in your words: "on the edge of the crosswalk") and NOT farther than 10 feet away from your side of the roadway. So that also eliminates the following portion from the statute "or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling."

In other words, the pedestrian was in the middle of or close thereto your side of the roadway and you were cited because you failed to "yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk"....

2) I couldn't stop since I was not able to see him
Wouldn't be better to state that "you DID not stop because you did not see him"...? But even then, just because you did not see him does not necessarily mean that the violation did not occur...

... the pedestrian couldn't cross anyways due to the two other vehicles between me and the pedestrian
The pedestrian was in the crosswalk, the law requires you to yield -as in slow down or stop if need be- to allow him to cross safely regardless of whether other vehicles stopped or not. Meaning, just because the other two drivers violated the law does not mean you didn't!

I'm not sure of the exact procedure in MA traffic courts... But you're free to talk to the prosecutor who's handling the matter to see whether any of these arguments that you presented here will work in your favor... or whether he'd be willing to reduce the penalty or dismiss the charge...
 

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