Failure to Stop for Pedestrian Ticket

[ndh777]

I live in Compton, California and I got a ticket a few months ago for what is detailed below:

I was making a right hand turn onto a street from another street. On my right was a motorcycle cop who was seated on the sidewalk with his bike waiting to give out tickets. I waited for the traffic to clear or my green light. My green light came and I proceeded into my right hand turn. All the way on the other side of the street, coming from the east side of 148th to the west side of 148th, was a pedestrian who just started to walk onto the crosswalk. The street I turned onto has 4 lanes and one lane for the left hand lane. You can check on what the street looks like by heading to Google Images and checking in Compton for the intersection "148th St." and "Central Ave." to see for yourself what the intersection looks like. The intersection is down south of the Rosecrans/Central intersection. I was coming off of the 148th street side by the school and church heading south on Central. After I made the turn the cop pulled me over in front of Church's Chicken and gave me the ticket.

I am wondering if this is a legit ticket and/or if I can fight it. Normally I'd just pay the fine but I can't take traffic school and I'd rather take my chance in court if possible so I came here for help.

Any advice you can give would be much appreciated, thank you.

 

[I_Got_Banned]

I live in Compton, California and I got a ticket a few months ago for what is detailed below:

I was making a right hand turn onto a street from another street. On my right was a motorcycle cop who was seated on the sidewalk with his bike waiting to give out tickets. I waited for the traffic to clear or my green light. My green light came and I proceeded into my right hand turn. All the way on the other side of the street, coming from the east side of 148th to the west side of 148th, was a pedestrian who just started to walk onto the crosswalk. The street I turned onto has 4 lanes and one lane for the left hand lane. You can check on what the street looks like by heading to Google Images and checking in Compton for the intersection "148th St." and "Central Ave." to see for yourself what the intersection looks like. The intersection is down south of the Rosecrans/Central intersection. I was coming off of the 148th street side by the school and church heading south on Central. After I made the turn the cop pulled me over in front of Church's Chicken and gave me the ticket.

I am wondering if this is a legit ticket and/or if I can fight it. Normally I'd just pay the fine but I can't take traffic school and I'd rather take my chance in court if possible so I came here for help.

Any advice you can give would be much appreciated, thank you.

You're not going to get a straight answer to that on this forum..., Some people will tell you its a bogus ticket, while others will tell you it is a good citation and it was properly issued... This discussion has been had quite a few times on here so if you search for 21950, you'll find plenty off info about what to do.

If you feel its bogus, the plead not guilty, post bail, print out your map, and fight it if you want... If you do fight it, please come back and let us know how it turned out.

Good luck!








I'ma keep on stompin' comin' straight outta Compton

 

[ndh777]

You're not going to get a straight answer to that on this forum..., Some people will tell you its a bogus ticket, while others will tell you it is a good citation and it was properly issued... This discussion has been had quite a few times on here so if you search for 21950, you'll find plenty off info about what to do.

If you feel its bogus, the plead not guilty, post bail, print out your map, and fight it if you want... If you do fight it, please come back and let us know how it turned out.

Good luck!








I'ma keep on stompin' comin' straight outta Compton

Thank you. I will do. I'll try some other forums and see what else I get as well as search that number. I actually came here first because I found a thread that talked about it, but it had some differences.

 

[Zigner]

The problem you (and many others) face is that California's law on this is very vague. It requires you to "yield" to any pedestrian within the crosswalk. Why should somebody get a ticket if their actions meet the definition of yielding?

 

[ndh777]

The problem you (and many others) face is that California's law on this is very vague. It requires you to "yield" to any pedestrian within the crosswalk. Why should somebody get a ticket if their actions meet the definition of yielding?

That is an excellent point. I didn't think of it being vague which it is. Actually the word "yield" could point to many different things! I always thought that the law said something about the crosswalk but I guess it doesn't. Or does it?

 

[davew128]

I always thought that the law said something about the crosswalk but I guess it doesn't. Or does it?

The key is that some courts focus on the crosswalk while others focus on the yielding. Think about that for a bit.

 

[ndh777]

The key is that some courts focus on the crosswalk while others focus on the yielding. Think about that for a bit.

Yeah, I was thinking about that today. I understand and that is basically what is meant by it being vague, some will take it one way while others the other way.

Admittedly, I understood before that you cannot go while a pedestrian is in the crosswalk. That you have to wait until the foot steps onto the curb before you make your turn no matter where they are in the crosswalk. But then a quick Google search and I found no law says such a thing...or at least I haven't come upon one that suggests such. If it means yielding, it could refer to letting the person walk in front of you if they are in your path. But if they aren't, then there's no need to yield. At a four corner stop sign intersection, you must yield to the car on your right if you two come at the same time which is a California law. But if that car is making a right turn and you are making a right turn, there is no reason that you have to wait until the fully complete their turn because they do not intersect paths with you.

 

[Isis1]

We have a CA police officer that lends his sight to these situation. Check back later this evening. He might be able to pin point something for you. He's pretty good at it.

 

[Zigner]

We have a CA police officer that lends his sight to these situation. Check back later this evening. He might be able to pin point something for you. He's pretty good at it.

I hate to put words in Carls mouth, but speaking from memory, I think he takes the stance of "it depends on the court." If I'm wrong, I know he'll correct me

 

[ndh777]

We have a CA police officer that lends his sight to these situation. Check back later this evening. He might be able to pin point something for you. He's pretty good at it.

Thanks Isis1! Hopefully he can answer my question.

 

[ndh777]

I hate to put words in Carls mouth, but speaking from memory, I think he takes the stance of "it depends on the court." If I'm wrong, I know he'll correct me

From the sound of others here and the law being so vague, I wouldn't be surprised if he did say that. No offense to him but I understand that that is how some courts do look at it.

My dad was a traffic school teacher for many years and he said the same thing. I was hoping to get more input from others though.

 

[Zigner]

From the sound of others here and the law being so vague, I wouldn't be surprised if he did say that. No offense to him but I understand that that is how some courts do look at it.

My dad was a traffic school teacher for many years and he said the same thing. I was hoping to get more input from others though.

For the record, I am personally on the side of "yielding" as opposed to the crosswalk being totally vacant

 

[ndh777]

For the record, I am personally on the side of "yielding" as opposed to the crosswalk being totally vacant

lol you and me both. I understand that they are looking out for the safety of pedestrians but having to stop and wait for pedestrians to cross an entire 4+ lanes for most of them is too much. When cops are behind me, I don't do it just in case now but I really think it shouldn't be illegal to proceed if they aren't directly in your path.

 

[CdwJava]

Zigner had it pretty much spot on - it depends on the court, and, of course, the issuing officer and agency policy and practice.

What constitutes yielding to a pedestrian in a crosswalk does not appear to be defined either in the CVC or within case law. As such, it is left up to the definition of the given court. I know of instances where a court will hold that one must yield the entire time the pedestrian is within the crosswalk, and others that have held that it is sufficient only to yield until the threat of striking the ped has passed. I personally tend to use the "half street" rule. If the pedestrian is on the half of the roadway where the vehicle is, I will consider stopping and citing the driver. I, personally, will yield until the sidewalk is clear, but won't cite under that standard.

 

[ndh777]

Zigner had it pretty much spot on - it depends on the court, and, of course, the issuing officer and agency policy and practice.

What constitutes yielding to a pedestrian in a crosswalk does not appear to be defined either in the CVC or within case law. As such, it is left up to the definition of the given court. I know of instances where a court will hold that one must yield the entire time the pedestrian is within the crosswalk, and others that have held that it is sufficient only to yield until the threat of striking the ped has passed. I personally tend to use the "half street" rule. If the pedestrian is on the half of the roadway where the vehicle is, I will consider stopping and citing the driver. I, personally, will yield until the sidewalk is clear, but won't cite under that standard.

Okay, thank you very much CdwJava. Now I have some terms to add to my thoughts. I didn't know exactly how to say it but that's how I thought too that half of the street is a good way to see it. Thank you very much for the input.