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Likley success potential and suggestions for disputing CA 21950a

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ac68

Junior Member
California.

Cited for 21950a, Failure to yield to a pedestrian.

Hoping for suggestions on whether it's worth contesting (I'm currently planning to) and best strategy for doing so.

- 7:48am weekday morning
- turned right at a traffic intersection (school zone) 4 lane road
- virtually blinding sun in my eyes
- as I went through the intersection saw a pedestrian on far side of crosswalk (unclear if they were already in or entered as I was driving) out of peripheral vision
- vehicle behind me did the same thing
- officer pulled us both over
- when he reached my car he made a comment to the effect of "I know that sun is really strong"
- I told him I didn't see the person in the intersection
- we chit chatted about my kids (both in back)
- he went back, talked to the other car
- gave both of us tickets and informed me that he had given the car behind me one as well
- I told him I thought that was a "very tough" thing to do because you could not physically see that pedestrian

I'm assuming that sun in my eyes doesn't make it a non infraction. But a) I didn't see the pedestrian because of it b) they were likely barely in the intersection since both cars were able to get through c) I felt that the cop was extremely aggressive and waiting in that spot specifically since he knew you could not see people at that angle. That is the only time I have ever seen him there of 50 days I've driven through there in last 3 months.

Any suggestions/advice appreciated. If you were going to contest this, how would you approach it?
 


Zigner

Senior Member, Non-Attorney
Too bad for you that you admitted to the violation...

California.

Cited for 21950a, Failure to yield to a pedestrian.

Hoping for suggestions on whether it's worth contesting (I'm currently planning to) and best strategy for doing so.

- 7:48am weekday morning
- turned right at a traffic intersection (school zone) 4 lane road
- virtually blinding sun in my eyes
- as I went through the intersection saw a pedestrian on far side of crosswalk (unclear if they were already in or entered as I was driving) out of peripheral vision
- vehicle behind me did the same thing
- officer pulled us both over
- when he reached my car he made a comment to the effect of "I know that sun is really strong"
- I told him I didn't see the person in the intersection
- we chit chatted about my kids (both in back)
- he went back, talked to the other car
- gave both of us tickets and informed me that he had given the car behind me one as well
- I told him I thought that was a "very tough" thing to do because you could not physically see that pedestrian

I'm assuming that sun in my eyes doesn't make it a non infraction. But a) I didn't see the pedestrian because of it b) they were likely barely in the intersection since both cars were able to get through c) I felt that the cop was extremely aggressive and waiting in that spot specifically since he knew you could not see people at that angle. That is the only time I have ever seen him there of 50 days I've driven through there in last 3 months.

Any suggestions/advice appreciated. If you were going to contest this, how would you approach it?
 

ac68

Junior Member
a) Did I? Saying I didn't see him doesn't necessarily imply to me that I admitted it. He may or may not have been in the intersection, either way I didn't see him (may also have been a her)

b) Does that comment make it significantly less likely for me to succeed or get some break by contesting?
 

CdwJava

Senior Member
Well, by admitting you did not see the pedestrian, it makes it harder to refute the officer's contention that you failed to yield for the pedestrian.

About all you could argue is that you were no where near to the pedestrian to interfere with him or strike him. But if you did not see him, that makes such a claim tough to make.
 

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