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CA VC 21950 (a): Failure to Yield (strong case?)

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thecopper

Junior Member
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.
 


CdwJava

Senior Member
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.
Why did you come to a complete stop? Was there a stop sign or signal controlling the intersection? Or, did you yield to pedestrians?

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?).
So, he was to your right about 20'-25' away (maybe less, depending on lane width)? Was he standing on the curb, on the street, or well onto the sidewalk?

I released my brake and slowly accelerated into the intersection. Halfway through the intersection, the pedestrian abruptly enters the cross walk.
So, you were "half way" into the intersection (i.e. all or most of your vehicle would have been across the near limit line or the near side of the marked crosswalk) THAT was when the pedestrian stepped off? How much of your vehicle was IN the crosswalk when he stepped off (that will give some idea of movement).

I immediately released my accelerator and hovered over my brakes (thus slowing down my car).
You didn't stop, but coasted into the intersection?

Were there any other vehicles stopped at 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?)
Okay.

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.
But, 21950(a) says you SHALL yield the right of way. When he waved you through he was IN the crosswalk ... the question to be had here will be, was he IN the crosswalk when you started through? If he had even one foot off the curb, you are arguably in violation of the section.

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.​

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).
That whole lane would be little more than a few feet.

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.
Yes, you can make a discovery request and send a copy to the agency involved requesting the officer's notes and any reports generated.

**The citing officer also wrote down incorrect driver information if this matters**
What, specifically, did he get in error? (It probably won't matter much, but you never know ...)

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.
I'd consider finding out through discovery what the officer wrote in his notes. Hopefully that will say where he was and what he saw. If not, then you might have to learn this through cross-examination at trial.

You can also request a trial by written declaration and, if you lose, then seek a trial de novo (a court trial).

Keep in mind that if you actually go to trial you may lose the opportunity for traffic school, so this needs to be a consideration.
 

thecopper

Junior Member
Why did you come to a complete stop? Was there a stop sign or signal controlling the intersection? Or, did you yield to pedestrians?

[Came to a complete stop because there was a stop sign]

So, he was to your right about 20'-25' away (maybe less, depending on lane width)? Was he standing on the curb, on the street, or well onto the sidewalk?

[Curb]

So, you were "half way" into the intersection (i.e. all or most of your vehicle would have been across the near limit line or the near side of the marked crosswalk) THAT was when the pedestrian stepped off? How much of your vehicle was IN the crosswalk when he stepped off (that will give some idea of movement).

[Front/Nose of vehicle just about passed 50% of the intersection]

You didn't stop, but coasted into the intersection?

[Came to a complete stop at the stop sign, slowly accelerated into intersection (I guess you can interprete this as coasting?)]

Were there any other vehicles stopped at the intersection?

[Perhaps a 1 car going the opposite direction away from me, but for sure, nobody next to me on my right.]

Okay.


But, 21950(a) says you SHALL yield the right of way. When he waved you through he was IN the crosswalk ... the question to be had here will be, was he IN the crosswalk when you started through? If he had even one foot off the curb, you are arguably in violation of the section.

[He or she stepped into the crosswalk after I was in the intersection]

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.​


That whole lane would be little more than a few feet.


Yes, you can make a discovery request and send a copy to the agency involved requesting the officer's notes and any reports generated.


What, specifically, did he get in error? (It probably won't matter much, but you never know ...)

[Wrong DL numberm 1 digit]

I'd consider finding out through discovery what the officer wrote in his notes. Hopefully that will say where he was and what he saw. If not, then you might have to learn this through cross-examination at trial.

You can also request a trial by written declaration and, if you lose, then seek a trial de novo (a court trial).

Keep in mind that if you actually go to trial you may lose the opportunity for traffic school, so this needs to be a consideration.
Is it possible to lose a trial by declaration, then request traffic school? Even if found "guilty" I have a spotless record and do not believe 1 point would dramatically increase my premiums, however, I firmly do not believe I was in the wrong.
 

CdwJava

Senior Member
[Front/Nose of vehicle just about passed 50% of the intersection]
What does that mean to you? How far were you across the limit line or the first line of the crosswalk?

[Came to a complete stop at the stop sign, slowly accelerated into intersection (I guess you can interprete this as coasting?)]
Taking your foot off the accelerator would be coasting.

[Wrong DL numberm 1 digit]
Inconsequential to the offense ... though it might mean that some other driver might get the offense tagged to his DL number if the court or DMV doesn't catch the error.

Is it possible to lose a trial by declaration, then request traffic school? Even if found "guilty" I have a spotless record and do not believe 1 point would dramatically increase my premiums, however, I firmly do not believe I was in the wrong.
Yes, it IS possible to lose and still receive an offer for traffic school. However, it is common in most courts NOT to offer traffic school after losing a court trial. The idea appears to be to create an incentive to pleading "guilty" or "no contest" by dangling this near certainty in front of an accused offender's face.

As for one point, yeah, it CAN have an impact depending on your insurer. My wife got a point for a collision (i.e. no traffic school) and it bumped ours about 25% for 3 years (as I recall).
 

thecopper

Junior Member
What does that mean to you? How far were you across the limit line or the first line of the crosswalk?

[It would mean that my car is completely in the intersection (estimating the length of the whole intersection to be 3 car lengths) and 1.5 car lengths away from the first line of the crosswalk on the pedestrian side before he or she stepped onto the crosswalk]

Taking your foot off the accelerator would be coasting.


Inconsequential to the offense ... though it might mean that some other driver might get the offense tagged to his DL number if the court or DMV doesn't catch the error.


Yes, it IS possible to lose and still receive an offer for traffic school. However, it is common in most courts NOT to offer traffic school after losing a court trial. The idea appears to be to create an incentive to pleading "guilty" or "no contest" by dangling this near certainty in front of an accused offender's face.

As for one point, yeah, it CAN have an impact depending on your insurer. My wife got a point for a collision (i.e. no traffic school) and it bumped ours about 25% for 3 years (as I recall).
So what would you guys advise me to do? Is it possible to bargain this down to a cheaper fine + no points given my accounts? Would you proceed with trial by mail? Contact the prosecutor and bargain (is that who I contact and do I do it right now)?

As of now I haven't done anything (been a day since the citation).

I guess my next step would be to file an informal discovery request, because it would appear that I have nothing to lose by this?
 

CdwJava

Senior Member
[It would mean that my car is completely in the intersection (estimating the length of the whole intersection to be 3 car lengths) and 1.5 car lengths away from the first line of the crosswalk on the pedestrian side before he or she stepped onto the crosswalk]
Okay, so your testimony would be that the pedestrian did not set foot off the sidewalk at all until you had already COMPLETELY CLEARED the crosswalk? If so, why was there a need to pause or for the pedestrian to wave you through when you had already cleared the crosswalk?

So what would you guys advise me to do? Is it possible to bargain this down to a cheaper fine + no points given my accounts? Would you proceed with trial by mail? Contact the prosecutor and bargain (is that who I contact and do I do it right now)?
Most DAs offices and city attorney's offices do not deal with traffic matters. On rare occasions in some counties a junior prosecutor MIGHT be assigned to plead some of these, but I know of no county that does this on anything approaching a regular basis.

The matter of points is not something the court controls. The points are assessed by the conviction code section and the DMV.

I guess my next step would be to file an informal discovery request, because it would appear that I have nothing to lose by this?
Correct. There are resources on the net that will show you how to do this. But, even though many of them say to send it only to the prosecutor, many also recommend sending it to the agency as well because the DA doesn't generally pursue traffic infractions and since the Vehicle Code only mandates that infractions be sent directly to the court, the DA is usually a waste of time. Some DAs will send a copy to the agency involved (if it can be identified by the information you provide them), others will only send you back a letter saying they don't deal with it.

If, by court, there has been no discovery received, then you can ask the court to compel discovery. (Again, there are resources out there that can help you properly phrase a motion.)

And, if you want to try the TBWD first, you will need to send that application in soon.
 

CdwJava

Senior Member
This is why I was trying to clarify the matter ... "across the street" as in on the other side of the same street, or, as in on the opposite side of the intersection?

If the other side of the intersection, and the pedestrian stepped into the crosswalk BEFORE the OP even got to the crosswalk, it puts the OP into a much more dire (legally) situation. Yes, it can still be argued that the pedestrian started into the crosswalk in violation of (b), but if the officer saw it differently ...
 

thecopper

Junior Member
Pedestrian was in the opposite side of the intersection.

Do I file TBWD first then file a motion for discovery, or can I just file a motion for discovery?

I'm fairly certain a police officer has done many of these citations, so it would be in my best interest to see where he was to try to discredit his view; although I feel that I was not in the wrong.

Can someone chime in whether or not I was in the wrong?
 

CdwJava

Senior Member
Pedestrian was in the opposite side of the intersection.

Do I file TBWD first then file a motion for discovery, or can I just file a motion for discovery?
Check with the court for the time frame to file for a TBWD ... I cannot recall offhand the number of days you have to request this, or if it must be done at or before the arraignment, but you can likely find it online.

I'm fairly certain a police officer has done many of these citations, so it would be in my best interest to see where he was to try to discredit his view; although I feel that I was not in the wrong.

Can someone chime in whether or not I was in the wrong?
The way the section is written, it is largely a matter of subjective interpretation and might go any way. The officer may have seen it different than you did. If he saw the ped with a foot off the sidewalk before you entered the crosswalk, you could be found guilty. It's also possible that a judge or commissioner could hold that your failure to yield even if you started through the intersection is a violation of subsection (a). There is simply no way to predict this.
 

thecopper

Junior Member
Thanks for the replies, I'd like to hear more opinions on the matter if anyone wants to add in.

Additionally, is there a law regarding pedestrians waiving their right of way while in the cross walk? Could the cop or court argue that it is irrelevant whether or not the pedestrian waived me to go ahead? Although at this point I could refer to 21950(b) and argue that the pedestrian shouldn't have been in the crosswalk?

I'd ideally like to bargain down the ticket to a lower fine, traffic school, and no points because I firmly believe I was not in the wrong; but I'd hate for it to come down to a my word versus a cops word. As you did point out the cop can just say the pedestrian was already in the crosswalk; then it would be words versus words and I would have to discredit him (perhaps through incorrect DL number and/or obstructed view).

Who do I contact to bargain this? Can I bargain this down if I do TBWD, lose, then not do trial de novo?

Unless I am mistaken, it appears by best bet is to file a motion for discovery, then file a TBWD explaining my side while discreditting the cop; and if I lose try to bargain it down to traffic school? (Or will the judge offer traffic school automatically if I lose TBWD?)

Thanks for the replies, please keep them coming.
 
The general rule is that you need to leave enough space so that the Pedestrian will not reasonably be put in fear of a collision. There's no exact measurement of space required. It's a factual determination that needs to be made by the court.

If the pedestrian actually waved you through before he proceeded, I would say this puts you in a pretty good position to claim there was no reasonable danger to the pedestrian. You can point out that you clearly saw the pedestrian, he clearly saw you, and he motioned for you to proceed, making it unreasonable for anyone to presume that you would strike him or put him in fear of being hit.

Here's a good case that states the rule: People v. Hahn, 98 Cal.App.2d Supp. 841 "He is entitled not to just as much space as his body, clothes and buttons require, but to as much as will afford him a safe passage, one that can be taken without either physical interference or such a threat of interference that will reasonably cause him to step back or hesitate in his going." http://law.justia.com/cases/california/calapp2d/98/supp841.html

You can respond in a TBWD, and if you lose, you may ask for a second trial in person. If the police officer fails to respond to the TBWD, or appear in court at the subsequent trial, you should have your ticket dismissed.

Normally the judge will offer you a reduction in fine as a matter of course at the initial court date on your ticket. At this appearance, the judge will offer to reduce your fine and allow you to take traffic school if you plead guilty. If you don't like the offer he makes, you can ask for a TBWD.
 

CdwJava

Senior Member
And, as I previously mentioned, there is generally no one you CAN bargain with for a deal. The DA's office is not generally involved in traffic matters, and neither are most city attorney's offices. It is possible - though exceedingly rare - that a county might have someone that will perform this bargaining function, but I have not heard of this since state and local budgets took a hit (no staff for the criminal cases - certainly none to waste for traffic).
 

thecopper

Junior Member
Is it common to do a trial by declaration, be found guilty; request trial de novo and plea guilty for traffic school?
 
Is it common to do a trial by declaration, be found guilty; request trial de novo and plea guilty for traffic school?
I really don't know because I've never lost a TBWD. In my experience, if you make a reasonable, substantive argument in the written declaration, the ticket gets dismissed. CdwJava could probably give us more insight into whether or not my experience is typical and if there's a reason behind it.

I doubt anyone has been through the process frequently enough to tell you if it would be common for a judge to offer traffic school after losing the trial by written declaration, but my guess would be it will probably depend on the judge's mood. If he feels like you've been wasting court time with all of the challenges to a minor traffic violation, he might be less inclined to grant traffic school. If he doesn't care about your challenges and he wants to free up the next hour, he may be inclined to offer the plea deal.
 

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