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  #1  
Old 07-18-2003, 09:29 AM
nels1945
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Failure to yield to ped. in crosswalk


What is the name of your state? Minnesota

I was traveling alone on a congested 4 lane, divided street in the right lane as I approached a local intersection. This intersection was packed with vehicles in the left hand lane (and in the left hand turn lane, which was blocked from my view), including a freight truck, several cars, and a van at the front of the left lane. The van at front was stopped, as I thought, to be making a left hand turn. As I approached the intersection (not stoplighted), about a car length or two's distance away from the crosswalk I caught a fleeting glimpse of a ped. in the left hand lane crossing the crosswalk. I tapped the brakes, but coasted through the x-walk.

I told the officer I couldn't see her as my view was obstructed by the vehicles in the left hand lane, and he told me to take it to court.

I believe I am not guilty. Is this worth fighting?

I argue that I would have stopped (I know the law well, as it protects me on my walk to work every morning), but due to circumstances beyond my control (congestion and tall vehicles), could not see the ped. or know that a ped. was crossing the road. Furthermore, continuing through the crosswalk with my vehicle was necessary to avoid skidding through the intersection and careening out of control, or getting rear-ended.

The problem is that it's the officer's word vs. mine, but he didn't have my view. He was parked across from the pedestrian, with the ped. crossing towards him.

If I take it to court and lose, the max sentence is up to 90 days in jail and $1,000 fine. However, I have a perfect driving record, and this going on my record could cost me thousands in insurance increases over the next 5 years. Any experience in court with these types of cases? Is the judge likely to string me up, or offer a deal? What typically happens in these types of cases?

Is there any other strategies to defend myself, or general strategies in he said/she said cases? Any and all information you could provide would be VERY helpful.
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Old 07-18-2003, 09:34 AM
hexeliebe
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Not worth fighting and here's why.

Quote:
glimpse of a ped. in the left hand lane crossing the crosswalk.
Quote:
I told the officer I couldn't see her as my view was obstructed by the vehicles in the left hand lane, and he told me to take it to court.
Either you saw her or not. And in reality, it's your responsibility to make sure not only that traffic to your right or in the intersection first proceed first. And also, it is your responsibility to insure that there are no pedestrians in the crosswalk before proceeding.

You did neither, as evidence of the fact that "I tapped the brakes, but coasted through the x-walk."
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  #3  
Old 07-18-2003, 09:46 AM
nels1945
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My response to that would be that yes, I did see her, but not in time to safely yield to her. Not trying to argue, just trying to fill in the gaps here. If your advice is still the same, no need to post a reply, but if other, please advise on this matter.

Thanks
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  #4  
Old 07-18-2003, 10:30 AM
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Join Date: Jun 2000
Location: Somnambulist University
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Same advice here......
__________________
The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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