Failure to yield to a pedestrian... Can I fight this?

[lashane2]

Hello! I am a resident of Maryland and was visiting California this past summer. I received a ticket for overtaking a stopped vehicle attempting to yield to a pedestrian in an unmarked crosswalk. I was following someone else (as I am unfamiliar with the area) and was traveling North with a green light and the pedestrian was crossing from west to east. I'm wondering if this is something I should consider fighting? Please Help!

 

[seniorjudge]

What statute number were you charged under?

 

[lashane2]

I was charged under 21951.

 

[seniorjudge]

I was charged under 21951.

Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

What do the cops say you did to violate this?

Facts, details, info....

 

[lashane2]

It just so happens that the stopped vehicle was in fact the officer who gave me the ticket. The pedestrian (who I never saw) must have been crossing the street to the left of the officer, as I was in the far right lane next to him.

 

[lashane2]

I had a freelance job that day and I was the last car in the caravan (if you will). I went through the light and the officer stopped me a few blocks later.

 

[Zigner]

If the pedestrian was crossing on a red (for him), I think you have a good chance of beating this one.
With that said - are you going to travel from MD to CA to fight this?

You would be allowed to do a trial by declaration, but I doubt that you would be successful if you went that route.

 

[lashane2]

The pedestrian was crossing on a red. I do not plan on going back for the trial. I was going to try TBD and see how that goes.

 

[I_Got_Banned]

Hello! I am a resident of Maryland and was visiting California this past summer.

Am I looking at the wrong calendar or is it really November already?

How were you able to postpone responding to the appearance notice for so many months?

Onto the citation itself... Did you not ask the citing officer why you were being cited when in reality, it should have been the pedestrian he/she should have cited for crossing against a "Do Not Cross" signal?

 

[I_Got_Banned]

You would be allowed to do a trial by declaration, but I doubt that you would be successful if you went that route.

Why would yo say that?

 

[Zigner]

Why would yo say that?

You tease, you.

 

[Ozark_Sophist]

The pedestrian was a liitl old grandma shuffling across five lanes of traffic. She had to go slow because she was a carrying a bag full of canned cat food for her 14 year, blind and incontient, cat. The boy scout who passed her earlier in the crosswalk was too busy texting to notice she might need help. Fortunately, the nice police man waiting patiently for her to make it across even after the light changed. Maybe as he sat there he was thinking of his own mother--now a resident of a secure nursing home for people with dementia. Then OP flies by on the right.

 

[davew128]

The pedestrian was a liitl old grandma shuffling across five lanes of traffic. She had to go slow because she was a carrying a bag full of canned cat food for her 14 year, blind and incontient, cat. The boy scout who passed her earlier in the crosswalk was too busy texting to notice she might need help. Fortunately, the nice police man waiting patiently for her to make it across even after the light changed. Maybe as he sat there he was thinking of his own mother--now a resident of a secure nursing home for people with dementia. Then OP flies by on the right.

Now now, there's no need to refer to President-Elect Obama's illegal alien Aunt in such a manner.

 

[FlyingRon]

Were you in the same lane as the cop when you came up to the intersection or were you always in the right lane?

 

[Zigner]

As I read through this thread again, I am beginning to realize that the OP may very well be guilty. The important thing I missed on the first read through is that the pedestrian was crossing from left to right.