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California Traffic citation, CVC 21950a. Advice needed.

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FuzzyAnimator

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

So I JUST got a traffic citation for not yielding to a pedestrian (21950a). I'm not entirely sure this citation is deserved, so I wanted to get some advice about it.

Here's the circumstances:
The intersection is a 4 way stop. N and S bound is 2 lane with a center left turn lane. E and W bound is a 4 lane that turns into a 2 lane. E side is 4 lane, W side is 2 lane.

There is a high school at the NE corner, so there were a lot of pedestrians standing around, as school had recently let out.

I was heading N, and turning right to head E. There was a Vehicle in the left turn lane of the S bound road who had right of way before me. I let him go, and he turned left into the northernmost lane of the road. Just after he passed, I turned right into the southermost lane, at which time I observed a pedestrian at about the middle of the road. The pedestrian had been obscured by the truck that was turning left. I was already into the intersection, so I decided it was better to proceed, as the pedestrian was not near me. So to be clear, there was at least a lane of traffic between myself and the pedestrian.

I've read elsewhere in these forums that you can contest tickets by using Trial by Written Declaration. I have also read that the case People v. Hahn, 98 Cal.App.2d Supp. 841 helps cite the safe amount of space the law affords a pedestrian.

I guess what I need to know is does this have any chance of being dismissed? And how does using a TBWD affect getting a point on my licence or not?
 


davew128

Senior Member
I think it depends on the court. Reasonable people (and courts) agree with your conclusion. Then there are hardline courts which read more into the language of the statute than is written and think any pedestrian in any portion of the crosswalk think it means all traffic must stop whether or not the pedestrian needed to be The Flash in order to be impeded in crossing.
 

FuzzyAnimator

Junior Member
Hmmm, any way to tell whether the court in my county is hard line or not, as far as this issue goes?

Also, is the TBWD the only way to challenge, or is it better to show up in person or what? Does challenging guarantee a point on my license if I lose?

Trying to weigh my chances here. :)
 

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