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21950(A)-Failure to yield to pedestrian

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Stusun1964

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

On Friday, 11/07/08, I was traveling south on Bellflower Blvd stopped at a red light waiting to make a right hand turn on to the 91 freeway westbound. There was a pedestrian waiting to cross southbound across the freeway on ramp in a crosswalk. I had my right turn signal on did not move forward until the light was green and I yielded to the pedestrian who was crossing. Once she was a safe distance across the crosswalk, I proceeded to turn onto the freeway.

A CHP pulled me over and said that I violated the law because I did not wait until the pedestrian had stepped onto the sidewalk on the other side.

I read the vehicle code 21950(a) which states:

"The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter."

Do I have a chance of winning this if I dispute it?
 


JIMinCA

Member
If you get a judge that has a reasonable interpretation of the word "yield". However, it is likely that the judge you get will be just as moronic as the cop who wrote that stupid ticket.

I think your best bet is to plead not guilty and go to court, but go ahead and start working on your appeal right now.
 

Hey There

Member
Answers to your questions are a few clicks away

Google:
Help! I Got A Ticket!
This website provides information on Discovery, Trial by Declaration and how to contest a traffic violation
AND
Forms that can be downloaded to request Discovery and Trial by Declaration, Proof of Service etc.

In informal discovery a driver can request
a copy of the officer's notes, a copy of the front and back of the traffic ticket
and a copy of the video if one was made.
A copy of the request for Discovery should be mailed
certified, return receipt requested, by A FRIEND
who gives the driver a Proof Of Service which the driver keeps
along with his original request for Discovery.
One copy should be mailed to the District Attorney or the city attorney if in L.A.
The second copy should be mailed certified , return receipt to the citing officer.
A written request for Discovery can be made at any time.
The sooner the better.
If Discovery isn't received within 15 days of receipt,
the driver may request a court hearing
to compel discovery be provided or dismiss the case.
Instructions on how to request a hearing are described in a book published by NOLO on contesting traffic tickets in CA.
This book also has forms that can be copied to ask for Discovery, Proof of Service, Trial by Declaration,Trial de Novo etc,

Trial by Declaration has two forms which are self explanatory.
The first form explains Trial by Declaration.
The other is a written declaration why the case should be dismissed and is submitted before trial
Trial by Declaration forms are available
from a court clerk and the above mentioned website and book.
If the driver is ruled against in the Trial by Declaration he can ask for a NEW trial with a NEW judge if done within 20 days.

For further information pertaining to Discovery Google: Penal Code 1054.1

Best Regards,
Hey There
 

Hey There

Member
B & C are part of V.C. 21950

For the rest of the vehicle code section 21950

Right-of-Way at Crosswalks
21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

Best Regards,
Hey There
 

Stusun1964

Junior Member
21950a

If you get a judge that has a reasonable interpretation of the word "yield". However, it is likely that the judge you get will be just as moronic as the cop who wrote that stupid ticket.

I think your best bet is to plead not guilty and go to court, but go ahead and start working on your appeal right now.

Jim, do you think trial by declaration is the best bet since I can request a trial if I lose?
 

SMBI

Junior Member
Go ahead and do the trial by declaration ... yes you can get a new trial if you are not satisfied with the written trial ... it is called a trial de novo.

The biggest point I can make is to make sure to post your bail and file your request for trial by declaration in person at the courthouse (to the clerk is fine). The court will let you file by mail but doing so you will waive your right to a speedy trial (45 days from arraignment/entry of plea).

If you just got this ticket make sure to write down notes about the entire event, as much as you can remember, including vehs around you, a description of the pedestrian and traffic conditions. The more detailed you can be the better.

Good luck.
 

JIMinCA

Member
Sure... you should try to do a TBWD, but it doesn't matter if you mail it or turn it in directly to the clerk... you still waive your right to a speedy trial.

It has been my experience that TBWDs are frequently rubber stamped "guilty". I'm convinced that they often don't even get read. But it is a free bite at the apple. Just make sure you understand the trial de novo process as you don't have much time to file for one after you get your guilty verdict mailed to you.
 

SMBI

Junior Member
Sure... you should try to do a TBWD, but it doesn't matter if you mail it or turn it in directly to the clerk... you still waive your right to a speedy trial.

It has been my experience that TBWDs are frequently rubber stamped "guilty". I'm convinced that they often don't even get read. But it is a free bite at the apple. Just make sure you understand the trial de novo process as you don't have much time to file for one after you get your guilty verdict mailed to you.
No, as long as you go to the court in person you are NOT waiving a right to a speedy trial (1382(a)(3) PC). The law that specifically mentions waiving your right to the speedy trial by filing a plea by mail is 40519(b) CVC.

I won a dismissal motion on an unfounded charge this very way. Did a TBD, Trial De Novo, the new court trial didn't occur within 45 days of the de novo request and the court granted my speedy trial dismissal motion.
 

Stusun1964

Junior Member
21950a

I already paid the bail amount and filed trial by declaration on line. I am waiting for the forms. My hope is that the officer will not even respond to the trial by written declaration. I am already prepared to request a trial de novo if I lose. I could have just paid the ticket and went to traffic school, but I really was disgusted by this ticket and will give it a shot.
 
Z

zudnic

Guest
I agree with the rubber stamp: "guilty" of most trial by declaration. The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the judge didn't appreciate all the facts for a trial de novo.

You paid "bail" wrote out why your not wrong and the judge might not appreciate all the facts. In the old days pedestrians had to point before entering the cross walk. Once in transit crossing, a car had to yield until the pedestrian has cleared the intersection. In person you can object and cross exam the cop.

Edited to add: one reason a lawyer is good in some case's they should know how to keep police hearsay out of the hearing. Write your own declaration limits your factual argument backed with law. In these matters you should look up jaywalking and see what legal defination would get you a ticket for doing that. In other words when does a pedestrian not have the right of way that vehicles must yield to them.
 
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zudnic

Guest
California vehicle code states in part that:
21451(a) Circular green signal, shall proceed but shall yield to vehicles and pedestrians lawfully within intersection.
So your only defense is if the pedestrian was not lawfully within intersection.
 

Jim_bo

Member
No, as long as you go to the court in person you are NOT waiving a right to a speedy trial (1382(a)(3) PC). The law that specifically mentions waiving your right to the speedy trial by filing a plea by mail is 40519(b) CVC.

I won a dismissal motion on an unfounded charge this very way. Did a TBD, Trial De Novo, the new court trial didn't occur within 45 days of the de novo request and the court granted my speedy trial dismissal motion.
That is really interesting... so when does the 45 day clock start???
 

Jim_bo

Member
California vehicle code states in part that:


So your only defense is if the pedestrian was not lawfully within intersection.
No... the defense is that the OP did YIELD. Yielding does NOT mean "don't proceed until the pedestrian is out of the crosswalk". If it did, then we would have to wait until there were no cars on the interstate as we YIELD to enter on an onramp.
 
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zudnic

Guest
No... the defense is that the OP did YIELD. Yielding does NOT mean "don't proceed until the pedestrian is out of the crosswalk". If it did, then we would have to wait until there were no cars on the interstate as we YIELD to enter on an onramp.
I drive either my Porsche or Mercedes, so yielding entering the interstate from an on ramp is not a problem. Yielding to a pedestrian in a crosswalk you have to wait until they clear the intersection, not clear your car. I don't think OP or most people who receive these types of tickets needed them. If they want to do a written declaration, they should be aware how a judge may perceive the situation on paper.

cut an paste from California drivers handbook:
Whoever is in the intersection legally, first has the right of way. For example if a pedestrian enters a crosswalk on a “Walk” signal, but is still in the intersection when it changes to “Don’t Walk” or even if the light for oncoming turns green, the pedestrian has the right of way to clear that intersection before anyone else is allowed to proceed. The same is said for vehicles. For example if a vehicle is in an intersection waiting to turn and the light turns yellow or red, that vehicle still has the right of way to clear the intersection before any pedestrians or vehicles can enter the intersection.
 
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