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Failure To Yield To Pedestrian In Crosswalk

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dillonscallion

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

I was turning out of a side street. The light was red, as I began to make my right hand turn (all vehicles were stopped, telling me the light was going to turn green, as I drive this way every morning, and there is no sign against turning right on red). After I had begun my turn, and had my vehicle in the street a woman bolted off of the sidewalk, sprinting across the street waving her had in the air frantically. This is a 4 lane street with a median. She was coming form across the street, and I was in the furthest lane away from her. Instead of applying my breaks (which would've left me in the crosswalk, or just beyond) I continued straight ahead.

I was then pulled over, having no idea why, when I was informed that I failed to yield to the pedestrian in the crosswalk. My vehicle never impeded her path, nor did she impede mine. She was a good 10-15 feet away from me, after I had already passed the crosswalk. If I began making my turn before the pedestrian entered the crosswalk, how am I at fault? I also read a pedestrian is not allowed to jump or run into the crosswalk in a manner which does not allow the driver to yield in time. I really don't believe stopping in the middle of the crosswalk would've been safe for either one of us, as the pedestrian then would've had to go into the street to get beyond my car.
 


You can challenge the citation. A court will need to interpret the meaning of the statute to determine if you properly yielded or not. Before your court date, you should do some research and see if you can find some case law on the statute that would support your position.
 

HighwayMan

Super Secret Senior Member
This statute requires that no traffic control signal be present, but you clearly stated that there was a traffic light. Is this correct?

What city/town/village did this take place in?
 

dillonscallion

Junior Member
Then the statute does not apply here. You can use that argument during your pre-trial conference. See what happens.
Thank you very much. I'll give it a try, and see what happens. Also, I don't know if it matters, or not, but when the cop took my statement, on his deposition, he has that I made my statement at 8:00PM, but gave me the ticket at 8AM.
 

HighwayMan

Super Secret Senior Member
Took your statement????? Police officer do not routinely take statements from people involved in traffic infractions.
 

dillonscallion

Junior Member
Took your statement????? Police officer do not routinely take statements from people involved in traffic infractions.
Well, he asked why I didn't stop, and I said "By the time I saw her I had already made my turn, and was in crosswalk." That's what I meant by my statement. That statement is on my ticket. Supposedly, at 8:01PM, even though my citation is at 8:00AM. The officer also accused me of "smoking weed", (which I have NEVER done. Hell I've never even attemtped to smoke a cigarette in my life) and asked for identification of the passenger in my car.

I didn't mention any of that before, because I don't think that has anything to do with the ticket.
 

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