What is the name of your state (only U.S. law)? CA
Yesterday I received a ticket for failure to yield to pedestrian.
Below are the circumstances. I want to know if I have any chance of fighting this in court.
1. I was stopped at an intersection in the left turn lane.
2. A police car was behind me and I was aware of it. (so I would not do anything stupid )
3. I waited for the opposite traffic to clear. This included a car in the opposite left turn lane that decided to enter the intersection and go straight. I even made a comment to my passenger that I was surprised the police did no ticket the driver.
4. I began my left turn after the traffic had cleared. At this point the Do-Not-Walk sign was flashing.
5. When I was already turned into the intersection, but before entering the sidewalk, a lady stepped down.
6. I was far enough away that I completed my turn as I thought it unsafe to stand in the middle of the intersection.
7. The pedestrian did not have to stop or slow down because of my turn.
8. 2 blocks down the road I was pulled over and ticketed for failure to stop.
9. The office asked me if I knew why I was stopped and I said no. He mentioned the pedestria
10. I indicated the explanation in # 4, 6 & 7
11. The office stated that it was irrelevant and that the pedestrians ALWAYS have the right of way.
12. I decided not to argue and signed the ticket. 21950(a)
CVC 21950 (b) states: No pedestrian may unnecessarily stop or delay traffic while in a
marked or unmarked crosswalk.
CVC 21950(d) states: 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.
My argument is the following, based on the information above.
1. The pedestrian was delaying traffic by entering the cross walk after the do-not-walk sign was flashing and while I had already began my turn
2. My turn did not in any way put the pedestrian in danger or even effect her walking speed.