What is the name of your state (only U.S. law)? California
Hi, I was recently cited with a VC: 21950(a) in Northern California.
Prime Facts: Night time, standard 4 way intersection (I was going straight), 2 lanes each way (4 lanes total), I was in the lane closest to the center divider.
My account:
I approached a standard 4-way intersection and came to a complete stop. I spotted a pedestrian to my right across the street, but he or she did not motion to cross (they just stood looking down at perhaps their phone?). I released my brake and slowly accelerated into the intersection. Halfway through the intersection, the pedestrian abruptly enters the cross walk. I immediately released my accelerator and hovered over my brakes (thus slowing down my car). The pedestrian spots me, stops, and makes contact, motioning me to go ahead of him or her. I then proceed to accelerate through the intersection. Two blocks later, I was pulled over by a cop and cited for not yielding to a pedestrian because in his words, “I zoomed passed them”. I did not admit guilt (I didn’t even know why I was getting pulled over), and did not try to explain my story to the officer (why possibly incriminate myself, right?)
Based upon the following codes:
21950 (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.
I feel that I did exercise all due care by reducing my speed and making contact with the pedestrian (who signaled me to go ahead), ensuring their safeguard.
And possibly 21950 (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.
Because the pedestrian was preoccupied with something (phone?) and entered the crosswalk while I was halfway through the intersection; leaving the curb and into the crosswalk (and potentially in the path of my car. But honestly, they were a whole lane away from me).
Additionally: Can I request the evidence/notes from the citing officer? I believe his view would be obstructed if he was anywhere but right directly behind me.
**The citing officer also wrote down incorrect driver information if this matters**
Do I have a case, and if so, how should I proceed? I have never received a ticket before and have a spotless driving and criminal record.
Hi, I was recently cited with a VC: 21950(a) in Northern California.
Prime Facts: Night time, standard 4 way intersection (I was going straight), 2 lanes each way (4 lanes total), I was in the lane closest to the center divider.
My account:
I approached a standard 4-way intersection and came to a complete stop. I spotted a pedestrian to my right across the street, but he or she did not motion to cross (they just stood looking down at perhaps their phone?). I released my brake and slowly accelerated into the intersection. Halfway through the intersection, the pedestrian abruptly enters the cross walk. I immediately released my accelerator and hovered over my brakes (thus slowing down my car). The pedestrian spots me, stops, and makes contact, motioning me to go ahead of him or her. I then proceed to accelerate through the intersection. Two blocks later, I was pulled over by a cop and cited for not yielding to a pedestrian because in his words, “I zoomed passed them”. I did not admit guilt (I didn’t even know why I was getting pulled over), and did not try to explain my story to the officer (why possibly incriminate myself, right?)
Based upon the following codes:
21950 (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.
I feel that I did exercise all due care by reducing my speed and making contact with the pedestrian (who signaled me to go ahead), ensuring their safeguard.
And possibly 21950 (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.
Because the pedestrian was preoccupied with something (phone?) and entered the crosswalk while I was halfway through the intersection; leaving the curb and into the crosswalk (and potentially in the path of my car. But honestly, they were a whole lane away from me).
Additionally: Can I request the evidence/notes from the citing officer? I believe his view would be obstructed if he was anywhere but right directly behind me.
**The citing officer also wrote down incorrect driver information if this matters**
Do I have a case, and if so, how should I proceed? I have never received a ticket before and have a spotless driving and criminal record.