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failing to yield to pedestrians

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ziffle

Junior Member
What is the name of your state (only U.S. law)? California
I just got a ticket for vehicle code 21950 (a), failing to yield to pedestrians.
I came up to a 4-way stop sign, stopped completely while 2 teens boys approached the right corner and one teen boy approached simultaneously on the left. All teens stopped, rocked onto their heels while still on the curb and looked at me. I took that to mean that they were waiting for me to go, so I did. The boys never stepped out into the cross walk, were not actively crossing the roadway and were never endangered.

The DMV describes this violation as 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.

Is standing on the curb considered the same as in the cross walk and crossing the road? Can I beat this?
 


What is the name of your state (only U.S. law)? California
I just got a ticket for vehicle code 21950 (a), failing to yield to pedestrians.
I came up to a 4-way stop sign, stopped completely while 2 teens boys approached the right corner and one teen boy approached simultaneously on the left. All teens stopped, rocked onto their heels while still on the curb and looked at me. I took that to mean that they were waiting for me to go, so I did. The boys never stepped out into the cross walk, were not actively crossing the roadway and were never endangered.

The DMV describes this violation as 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.

Is standing on the curb considered the same as in the cross walk and crossing the road? Can I beat this?
If there wasn't a cross walk, pedestrians are required to yield. Otherwise they are jaywanking.
 
In some states, a foot must be on the road; in others, just standing at the curb is considered an act of "crossing".

The cop must have been trying to get his quota for the month...

Others will pipe in about rule.

The cop will likely testify that the ped. was in the walkway ...
 

ziffle

Junior Member
the cop said it looked to her that the boys were about to cross, but she was up the street a ways. They rocked back on their heel and looked to me to go. thats what I saw. Body Language is 80% of communication. The cop and I differ on what their body language said, but I was considerably closer to them to see it clearly.
 
the cop said it looked to her that the boys were about to cross, but she was up the street a ways. They rocked back on their heel and looked to me to go. thats what I saw. Body Language is 80% of communication. The cop and I differ on what their body language said, but I was considerably closer to them to see it clearly.
Unfortunately we aren't always sure who has the right of way (leading to awkward moments of stalling), and it is in their interest not to get hit. There is a greater burden on the person manning a vehicle which weighs a ton than the person on foot, and you are expected to wait in the circumstance.
 
In some states, a foot must be on the road; in others, just standing at the curb is considered an act of "crossing".

The cop must have been trying to get his quota for the month...

Others will pipe in about rule.

The cop will likely testify that the ped. was in the walkway ...
Which is why I asked if the cop saw what happened. You can plead not guilty and your chances are 50/50.

When did the pedestrians enter the crosswalk?
 

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