Disregard of Nonstudent Crossing Guard...?? Guilty/Not Guilty?

[opaque01]

Hello, everyone.

Occupation: College Student/Internship
Location: California
Age: 24

I got cited for "Failing to Obey Traffic Guard" (2815 VC). Heres what happed from my perspective, I was on my way to pick up 2 of my younger siblings, one from high school (17 years old) and the other from College (19 years old). On the way I was driving on a main street 35mph (school zone 25mph) and from a fair/reasonable distance (half a block away) I see an SUV waiting to turn left (the driver in the SUV was signaling) at a school zone intersection (no left turn lanes at this intersection). Here’s whats going through my head, as I see this SUV signaling to turn left, my natural assumption would be to assume that its going to turn left (wait until the on-comming traffic clears and then turn). I am however, at this time half a block away and in the same lane as the SUV far ahead of me, so I switch lanes while driving between 30-35mph (because I don't/shouldn't have to wait behind the SUV until the driver decides to turn). As I approach and pass the SUV THEN I notice the Crossing/Traffic Guard directly (hidden) IN-FRONT of the SUV. While this is happening, just as I see/notice the Traffic Guard, on the opposite side of the road I see a CHP & yielding traffic. My reaction as I see the CHP & Traffic guard in my peripheral view, "Oh BLANK BLANK, I know im gonna get busted for not seeing the Traffic Guard...". I actually pulled over before they turned the siren on. There were 2 officers, one approached the drivers side and accused me of going 45mph and said "I'd bet you if you weren't going that fast you would have seen the traffic guard" my response: “I would have seen the traffic guard if he/she wasn’t hidden behind the SUV…” and the second officer who was writing the ticket I asked him "How did you guys determine I was going 45mph", Officer#2's response: "It was just an estimation...and didn’t you see the flashing lights?". I also am forgetting to mention that the Flashing Lights that they have on during school hours was not operating. I actually went back immediately after receiving the ticket to inspect the Flashing Lights - they were not working. I approached the Traffic Guard and asked if the Flashing Lights work according to her they were not working "they work sometimes...".

My question is: Am i still guilty...? Would it foolish of me to contest this in court?

I would greatly appreciate any advice on this matter. Please point out anything that I might have done out of ignorance.

(p.s sorry for such a lengthy recollection… )

- opaque01

 

[FlyingRon]

Sounds like you are guilty as hell.

By your own admission you were speeding through a school zone though you were not charged by that.

Due to excessive speed and other inattention you blew through a cross walk with a crossing guard in it. What whould have happened if there hadn't been a guard there but a child that you might have potentially have struck because of your recklessness?

You're getting off easy.

 

[opaque01]

Thanks for you response FlyingRon.

As I understand it school flashing beacons are turned OFF during times children are not in school or when students/pupils are inside attending class. Consequently, I am or motorists are NOT required to drive at the reduced speed limit when the flashing light is NOT on. (Correct me if I'm wrong on this). And if I am right about this then by my 'own admission' I was not speeding through a school zone. Like I mentioned earlier, the Flashing Beacons where not operating. Had they been active and fulfilling there purpose in making motorist aware that a Crossing Guard is aiding pedestrians I would have most likely yield to the signal AND the crossing guard if she hadn't been HIDDEN behind the SUV (this SUV was however signaling left at a no left turn lanes at this intersection-auxiliary lane). I get the feeling FlyingRon you merely breezed through my post and made a generalized interpretation, I suppose my citation might get the same attention in court if your either your a lawyer or a judge.

I welcome and appreciate any type of constructive criticism. Thank You

 

[Zigner]

I was on my way to pick up 2 of my younger siblings, one from high school (17 years old)

As I understand it school flashing beacons are turned OFF during times children are not in school or when students/pupils are inside attending class.

The flashing lights are reminders. You KNEW that kids were present, because you were there to pick one of them up!

 

[opaque01]

The flashing lights are reminders. You KNEW that kids were present, because you were there to pick one of them up!

Thanks for you response Zigner.

The citation that I received was within a 1.5 mile(s) radius from where I live (I frequently drive on this main street). I was picking up my siblings from 2 different locations (5+ miles away), the place where I got the citation was not where my brother (high schooler) attends.
The Flashing Beacons I wouldn't just call them 'reminders' they're there serving a significant purpose (equally as traffic lights) in enabling motorist more aware and conscious of pedestrians. Please bear in mind this took place on a main street thats relatively congested with traffic and to have such 'reminders' not functioning is undoubtably a major risk to the public.

Again, I welcome any type of constructive criticism or speculation. Thank You.

 

[Zigner]

Thanks for you response Zigner.

The citation that I received was within a 1.5 mile(s) radius from where I live (I frequently drive on this main street). I was picking up my siblings from 2 different locations (5+ miles away), the place where I got the citation was not where my brother (high schooler) attends.
The Flashing Beacons I wouldn't just call them 'reminders' they're there serving a significant purpose (equally as traffic lights) in enabling motorist more aware and conscious of pedestrians. Please bear in mind this took place on a main street thats relatively congested with traffic and to have such 'reminders' not functioning is undoubtably a major risk to the public.

Again, I welcome any type of constructive criticism or speculation. Thank You.

Per your own statement, they are reminders. The law is the same, whether the lights are flashing or not. In ANY case, the problem you had is NOT with speeding...rather, with the crossing guard.
Any time you approach a crosswalk where another car is stopped (for whatever reason), you need to take extra care to ensure there are no pedestrians. Had you done that you would have seen the crossing guard.