21950A Didn't see a Ped in a crosswalk

[linewong]

This is my first moving violation since getting my drivers license in the early 1980's. My contention is that I did not see anyone in the crosswalk to yield to. Is this a plausible defense? Do I stand a chance to get the citation dismissed or at least reduced from an infraction to a misdemeanor so that I could go to traffic court in an effort to have the citation not affect my insurance?

The specifics:

I was pulled over by a sherrif's car about 2 blocks from the intersection where I supposedly didn't yield to a "little old lady" in the crosswalk. I didn't see anyone in the crosswalk when I went through it. There may have been a person on the sidewalk, but when I went through the intersection, I don't recall seeing anyone in the crosswalk. Had I, I would have most definately stopped.

This happened in the am on a Monday with a fair amount of traffic in a residential neighborhood in Marin County. I travel this road weekly on the way to my son's preschool and there are hardly any people walking in this area of homes. Seeing a person crossing the crosswalk would have been an oddity and I would have stopped had I seen someone. I stopped at the stop sign, proceeded through the intersection and through the "crosswalk" in question. The officer had me traveling 5 mph. This is an intersection with stop signs on all 4 corners.

I just received my Courtesy Notice from the court and have 8 days from today to do something about it.

Thanks for any advice.

[cyjeff]

So what would your defense be?

[linewong]

My defense is that I didn't see anyone attempting or crossing the crosswalk. Had there been, I would have stopped. It was not the case that I was trying to avoid stopping, I didn't see anyone to stop for.