Failure to yield to pedestrian ticket, Ca.

[rjpaulding]

What is the name of your state? California

Is this a valid arguement? After coming to a complete stop at the intersection I started to make a left turn on my motorcycle. While I was leaning into the turn a pedestrian stepped into the crosswalk. I was too late to safely stop in time, so I cleared the cross walk so they could pass. I was cited by the officer for Failure to yield to pedestrian, I don't believe this to be a valid ticket. Do I have a legitiment arguement here? Hitting the brakes while in the middle of a turn could cause the bike the become unstable and fall over. I was concern about this as well as for the passenger on the back of the motorcycle. The ticket is also dated wrong. This happened on 9/13/07' @ 11:20pm, the ticket was dated wrongly by the officer 9/14/07' @ 11;20pm does this make any difference or perhaps maybe even void this ticket? What is the name of your state? CaliforniaWhat is the name of your state?

[Zigner]

I'm not quite clear on this. Did the pedestrian, due to your presence, have to stop, hesitate, weave or take any action that was different than normal walking across the street?

[Hey There]

In Ca. a cited driver has the right to a copy of the officer's notes, video and any other evidence the citing officer plans to use in court at your trial. These records can be obtained by filing an informal request for discovery to the D.A. and the officer who cited you. The request can be hand delivered or sent certified, return receipt, by someone OTHER than you.
There are several sources that describe how to file for Discovery with a sample form.
1. website: Help! I Got A Ticket. This site also gives an E:mail address where you can ask about your ticket.
2. website: NMA--Go to the Gathering Information section on their homepage.
3. website: Google: Type in --get the officer's notes.
Click on--Obtain the Officer's Notes Before Going
to Court.
The first site gives info on discovery,the 2nd site
gives instructions on how to file if the initial dis-
covery request is ignored.
4. book: Although any one of the above sources should provide you with info on Discovery, Fight Your Ticket & Win in California by Attorney David W. Brown has info on discovery & a sample form as well as how to present your case in court.
Ca. also has Trial by Declaration where you can present a written defence (hopefully after you obtain discovery) to the judge. If you are ruled against , then you can request a trial.

Will send a copy from the DMV 2006 Vehicle Code Manual next reply.
of 21950. The pedestrian must also use care not to step in front of a vehicle when the vehicle obviously can't stop.
Regards,
Hey There
9-15-07

[Zigner]

Hey There - your posts come dangerously close to being considered advertisements...
Just a forewarning...

[Hey There]

Right-of-Way at Crosswalks VC 21950

21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
Amended Sec. 8, Ch. 833, Stats. 2000. Effective January 1, 2001.

Was VC 21950 the VC you were referring to?
The pedestrian has an obligation not to present a hazard as well as the driver.

Regards,
Hey There
9-15-07

[Hey There]

Right-of-Way at Crosswalks VC21950

21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
Amended Sec. 8, Ch. 833, Stats. 2000. Effective January 1, 2001.

Was VC 21950 the VC you were referring to?
The pedestrian has an obligation not to present a hazard as well as the driver.

Regards,
Hey There
9-15-07

[CdwJava]

The officer will testify as to his observations, and you will testify as to yours. The judge will decide if there is sufficient cause to find you guilty.

This can be a subjective violation and may well come down to whether the officer saw the pedestrian moving into the crosswalk before you began your turn or not.

- Carl