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  #1  
Old 10-09-2008, 02:23 PM
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Failure to yield to pedestrian ticket – CA

California, San Mateo county. I was driving on two way road with 3 lanes each direction and about 4 feet yellow lane area in a middle. Pedestrians started to cross road on crosswalk from the opposite side of the road, they were in a middle of opposite side when I drove though and immediately was pulled by officer on a bike. He wrote me a ticket and said that they had a few accidents in this area and they intentionally staged it.
I was trying to find info in traffic rules if opposite side of a road could be treated differently, but could not.
Please advice, did I violate traffic rules? Does it make sense to try to fight this ticket?
   
  #2  
Old 10-09-2008, 02:28 PM
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Quote:
Originally Posted by JohnQQ View Post
California, San Mateo county. I was driving on two way road with 3 lanes each direction and about 4 feet yellow lane area in a middle. Pedestrians started to cross road on crosswalk from the opposite side of the road, they were in a middle of opposite side when I drove though and immediately was pulled by officer on a bike. He wrote me a ticket and said that they had a few accidents in this area and they intentionally staged it.
I was trying to find info in traffic rules if opposite side of a road could be treated differently, but could not.
Please advice, did I violate traffic rules? Does it make sense to try to fight this ticket?
What's the statute number?
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  #3  
Old 10-09-2008, 02:58 PM
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Originally Posted by seniorjudge View Post
What's the statute number?
It is VC-21950a
   
  #4  
Old 10-09-2008, 03:00 PM
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Originally Posted by JohnQQ View Post
California, San Mateo county. I was driving on two way road with 3 lanes each direction and about 4 feet yellow lane area in a middle. Pedestrians started to cross road on crosswalk from the opposite side of the road, they were in a middle of opposite side when I drove though and immediately was pulled by officer on a bike. He wrote me a ticket and said that they had a few accidents in this area and they intentionally staged it.
I was trying to find info in traffic rules if opposite side of a road could be treated differently, but could not.
Please advice, did I violate traffic rules? Does it make sense to try to fight this ticket?
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.

http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm


Based SOLELY on the facts you gave, you violated this law.
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Old 10-09-2008, 03:07 PM
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Originally Posted by seniorjudge View Post
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.

[url=http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm]V.C. Section 21950 - Right-of-Way at Crosswalks[/url]


Based SOLELY on the facts you gave, you violated this law.
On this one, I have to disagree. And, I must say that this is pretty contentious here in So. Cal.

Our OP is saying that he DID, in fact, "yield" the "right-of-way" to the pedestrian, as his actions in no way denied the pedestrian of the ..."privilege of the immediate use of the highway." (as defined in VC 525).
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Old 10-09-2008, 03:11 PM
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Originally Posted by Zigner View Post
On this one, I have to disagree. And, I must say that this is pretty contentious here in So. Cal.

Our OP is saying that he DID, in fact, "yield" the "right-of-way" to the pedestrian, as his actions in no way denied the pedestrian of the ..."privilege of the immediate use of the highway." (as defined in VC 525).
Quote:
Pedestrians started to cross road on crosswalk from the opposite side of the road, they were in a middle of opposite side when I drove though and immediately was pulled by officer on a bike.
How is this giving them the right-of-way?
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  #7  
Old 10-09-2008, 03:15 PM
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Originally Posted by seniorjudge View Post
How is this giving them the right-of-way?
How did our OP's actions deny the pedestrian of his immediate use of the highway? We're talking about a pedestrian who is on the other side of the road. Granted, we don't know the ACTUAL width of the road, etc. but if the pedestrian had to make absolutely no change to his intended path or speed of travel, then I don't see a failure to yield.

ETA: This is similar to the situation when you have a large multi-lane road with cars on one side waiting to make a right when a pedestrian enters on the opposite side. Should the cars be forced to wait the entire time for the pedestrian to cross? No. But the enforcement has been pretty tough on this over the last few years.
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  #8  
Old 10-09-2008, 03:17 PM
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Originally Posted by seniorjudge View Post
...
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.

[url=http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm]V.C. Section 21950 - Right-of-Way at Crosswalks[/url]
....
Our poster was driving through cross-walk when there was a pedestrian there. Looks to me like it clearly violates this law.

BUT

this is California...

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Old 10-09-2008, 03:18 PM
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Originally Posted by seniorjudge View Post
Our poster was driving through cross-walk when there was a pedestrian there. Looks to me like it clearly violates this law.

BUT

this is California...
Yes - we actually have pretty wide roads in some places here
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  #10  
Old 10-09-2008, 03:20 PM
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I just want to be clear. I'm not entirely opposed to the enforcement level. Too many people die or get injured because of oblivious drivers. Also, I've watched a pedestrian waiting on the side of the road (at a crosswalk) for several minutes because nobody would let him cross.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

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Tell it like it is! When all else fails, make up a statistic!

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  #11  
Old 10-09-2008, 10:10 PM
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OK... this is fun....

Keep going, guys. Don't stop just because I am watching!!!
   
  #12  
Old 10-10-2008, 12:05 AM
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I thought here in the east that they painted those stripes on the road to see how far your body was thrown?
   
  #13  
Old 10-10-2008, 10:48 AM
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Originally Posted by JIMinCA View Post
OK... this is fun....

Keep going, guys. Don't stop just because I am watching!!!
In Reno, Nevada, someone must've put the fear of God in motorists because if a pedestrian gets anywhere near a crosswalk, all traffic screeches to a halt.

UNLESS the car has California tags, in which case they just run you down.
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  #14  
Old 10-10-2008, 10:49 AM
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Actually my understand on this one is the fact the pedestrian is in the cross walk is all that is required. Even if the pedestrian steps off the curb against the light you better stop otherwise it is considered a violation. It goes as far as to say if the front of your car is in the cross walk you are impeding their progress.

This is actually one of the few CA laws which I like, considering growing up in the east and you take you life in your hands when you try to cross a street.

I have seen in CA when traffic in both direction slam on the brakes when someone step into the crosswalk even when the cars had the green.
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  #15  
Old 10-10-2008, 02:55 PM
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Quote:
Originally Posted by Maestro64 View Post
Actually my understand on this one is the fact the pedestrian is in the cross walk is all that is required. Even if the pedestrian steps off the curb against the light you better stop otherwise it is considered a violation. It goes as far as to say if the front of your car is in the cross walk you are impeding their progress.

This is actually one of the few CA laws which I like, considering growing up in the east and you take you life in your hands when you try to cross a street.

I have seen in CA when traffic in both direction slam on the brakes when someone step into the crosswalk even when the cars had the green.
Of course, the pedestrian could then get cited ...

- carl
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