Driver license discrepancy on ticket...

[need4givness]

What is the name of your state? California

My apologies for such a long post.

i just recently received a ticket for failing to stop for a pedestrian in a crosswalk within 8 feet . Firstly, the gentleman, was not within 8 feet of my vehicle. Secondly, he was crossing in a crosswalk that was at an intersection that did not have a traffic light. there is only one pedestrian sign on this super busy street that i didn't see because it's Los Angeles and there are SO many other things you also have to pay attention to when driving, no traffic light or any other types of lights indicating to us drivers when/if there are pedestrians in the crosswalk. I didn't see him until it was way too late to stop; the cars in the oncoming lanes were blocking my line of sight.

the cop said that someone had been hit at that same crosswalk the previous week; i said that it sounded like that corner was a problematic corner and suggested that they put up some sort of light indicaters to show when a person is in the crosswalk.

I have a few questions about this.

- is this type of ticket worth fighting and is it win-able? my concern is that i already have 1 ticket on my record and one at fault accident (i bumped someone from behind and now they're charging an arm and a leg for it) - so naturally my insurance is already pretty high and I can't afford another ticket on my record. Also, i've already used up my 1 chance for traffic school w.in the allotted 18 months timeframe.

- here's the doosie. i went online to check on the status of my ticket and tried searching their database using my driver license and couldn't find anything. when i ran the search using the citation number, the ticket info comes up with all my correct info, except for my driver license #. Looks like the officer wrote my # correctly on the ticket, but the number was input into the system incorrectly. Everyone's telling me all sorts of different things to do. some say just to pay the ticket and hope that the points don't get linked up with my record because of the descrepancy. some are telling me to challenge it and go to court and that it'll be tossed out simply because the DL#'s don't match, even though all the other info does. Others are saying that i can get it dismissed outright simply on the fact that the officer said that someone had been hit there the previous week. Anyone have any insight on this? the ticket is $159.00 (ouch!)

- someone said there was some type of loop-hole to the traffic school issue. Something about there being 2 classes, some are 12 hour and some are 16 hour classes. technically, if you;ve taken the 12 hour class w/in the last 18 months, then you're still eligible to take the 18 hour class. does this sound right?

if anyone can help me out with a little info, it would be GREATLY appreciated!

thanks in advance!
~r

What is the name of your state? CaliforniaWhat is the name of your state?

 

[Zigner]

The ticket WAS issued correctly - so it won't get tossed because of that.
The pedestrian WAS in a crosswalk. There is no requirement that there be a light at a crosswalk.

Jim will likely be along soon with suggestions on how to beat this ticket.

 

[CdwJava]

- is this type of ticket worth fighting and is it win-able?

That's up to you.

It MIGHT be winnable, but it really depends on the court's interpretation of the section ... some courts see that a pedestrian anywahere in the sidewalk bars you from entry ... others are not so anal. There is no clear legal definition of what constitutes a pedestrian in a sidewalk.

And the court CAN allow you to take another traffic school ... but, you'll have to ask the court.

What was the code section you were cited for?

Everyone's telling me all sorts of different things to do. some say just to pay the ticket and hope that the points don't get linked up with my record because of the descrepancy. some are telling me to challenge it and go to court and that it'll be tossed out simply because the DL#'s don't match, even though all the other info does.

It will almost certainly NOT be dismissed because of the court clerk's typo.


- Carl

 

[need4givness]

That's up to you.

What was the code section you were cited for?

- Carl

*** when they say "exercise all due care" , does that include coming to a sudden stop in an intersection without regard to the driver behind me?

it was code: 21950 (A) VC

Right-of-Way at Crosswalks

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.

(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.

(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.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

Amended Sec. 8, Ch. 833, Stats. 2000. Effective January 1, 2001.

*** ok, so maybe it won't get tossed out, but do you think that if i just pay the darned thing (which I'm fine with...i mean, i'm not fine with it, but my main concern isn't the fine, it's the insurance premiums), is it possible that the violation won't ever make it to my record because what they have in the system doesn't link up with me (did that make any sense)?

 

[CdwJava]

*** when they say "exercise all due care" , does that include coming to a sudden stop in an intersection without regard to the driver behind me?

Of course not. But, if the person was several feet from where you were, you should have seen them approaching or in front of you from a sufficient distance away to come to a stop.

*** ok, so maybe it won't get tossed out, but do you think that if i just pay the darned thing (which I'm fine with...i mean, i'm not fine with it, but my main concern isn't the fine, it's the insurance premiums), is it possible that the violation won't ever make it to my record because what they have in the system doesn't link up with me (did that make any sense)?

It's a 1 point violation and would remain on your DMV record as a point for 3 years. If your insurance company is inclined to penalize you for it, they will.

- Carl

 

[need4givness]

Of course not. But, if the person was several feet from where you were, you should have seen them approaching or in front of you from a sufficient distance away to come to a stop.

but that's the issue...i couldn't see him. it's hard to explain with text & w/o drawing a picture ...

ok, so you're approaching the crosswalk (so it's in front of you), and the cars that are in the on-comming lanes that have just passed the crosswalk that the guy's now in are in my line of sight (diagonally to the left), so i can't see all the way to the other end of the street (where he entered the crosswalk).

i totally see your point, it's just really frustrating because i'm one of those that always stop for pedestrians, and i always wait until they get all the way to the other end before proceeding ... but this time, he wasn't within my line of sight until i was already in the intersection and unable to stop. i was even going a few miles under the speed limit. *UGH!!*

It's a 1 point violation and would remain on your DMV record as a point for 3 years. If your insurance company is inclined to penalize you for it, they will.
- Carl

as for this - my question is ... will this ticket affect my driving record being that they have my # in the system incorrectly?
*cry*

 

[CdwJava]

as for this - my question is ... will this ticket affect my driving record being that they have my # in the system incorrectly?
*cry*

If convicted, you can bet they will correct the problem. Unless the court clerk is completely incompetent, when they run your ID up to get your previous driving history, they will find that the name and such doesn't match. When they compare the number to the one on the citation, or when they run it by name and date of birth, the matter should be corrected.

It is POSSIBLE, I suppose, that they will enter the info under the wrong license number, but that's slim. I would HOPE you don't want to hang your hat on that one.

- Carl

 

[need4givness]

It is POSSIBLE, I suppose, that they will enter the info under the wrong license number, but that's slim. I would HOPE you don't want to hang your hat on that one.

- Carl

no no, of course not - i wouldn't want someone else to get hassled for it...i was just hoping that i could pay the ticket by mail, and they'd apply the $ to the ticket and clear the record. but when they went to enter the info into the system, it just wouldn't match and they wouldn't have anywhere/anyone with whom to apply the points, and since they basically have already gotten what they wanted - the money, they wouldn't look any further into it. fat chance, huh?