• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Failure to yield to a pedestrian

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sKiTzo

Member
What is the name of your state (only U.S. law)? Nevada

Pulled out of a gas station, stopped at a stop sign, then made a right turn and proceeded. A few blocks later I get pulled over and he said that when I made a right from the stop sign there had been a pedestrian getting ready to cross the street. I said I never saw the pedestrian (which I didn't). So he issued me a citation for "failure to yield to a pedestrian". He said "have a nice day" and as I drove off I thought about what he said and wondered why I didn't remember seeing a pedestrian. Then it dawned on me. His words verbatim were that there had been a pedestrian "getting ready" to cross the street. I didn't see them because they weren't crossing the street, they were "getting ready" to cross the street.

I'm new in Nevada so I don't know how much traffic laws differ from California, but I'm pretty sure that in California if they haven't stepped off the curb yet, that law doesn't come into effect. Does anybody know for sure? The fine is ridiculously high so I plan to plead not guilty and use this argument as a defense. I would appreciate some pointers about how I could make my presentation in such a way that would allow the judge to rule favorably. Thanks.
 


adjusterjack

Senior Member
Well, I wouldn't be quoting CA law to a NV judge. LOL.

It would have been helpful if you had posted the statute number on your citation but I found two possibilities: NRS 484B.280 and NRS 484B.283.

Read them:

http://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec280

You might be guilty of 280 but not 283.

Which one were you cited for.
 

sKiTzo

Member
Well, I wouldn't be quoting CA law to a NV judge. LOL.

It would have been helpful if you had posted the statute number on your citation but I found two possibilities: NRS 484B.280 and NRS 484B.283.

Read them:

http://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec280

You might be guilty of 280 but not 283.

Which one were you cited for.
It was 484b.283.
 

adjusterjack

Senior Member
It was 484b.283.
Then your defense is that the pedestrian was NOT "crossing the highway." "Getting ready" doesn't count.

Your option is to plead not guilty and engage in discovery by requesting the officers notes and any video or audio recording and see if he'll admit to citing you because the pedestrian was "getting ready" to cross.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top