failure to yield / wrong speed limit on citation

[iaminnocent]

What is the name of your state? California

I recently got pulled over for two violations:

I was yielding to oncomming traffic at an intersection one night while trying to make a left turn. When I thought it was safe, I stepped on the gas but didn't see a pedestrian beginning to cross the street (coming from the opposite side of the street on the left crosswalk). I immediately stomped on the brakes but I had already startled the guy and he jumped back to the sidewalk. This was a large intersection so I still had some distance from him. I then waited for him to cross but he just stood there looking at me, so I proceeded to turn and sped away, apparantly going 52 in a 35 mph zone (actually, the speed limit was 40)

A cop following behind stopped me for "failure to yield to a pedestrian" and speeding.

1) Can the speeding violation be thrown out due to the cop writing the incorrect speed limit on the citation?

2) DMV Code 21950(a) states:

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.

pretty vague ... I feel that I yielded by stopping and waiting. Do I have a case?

[poohmantbb]

After you almost killed the pedestrian you "stomped" on the brakes. You impeded his progress, hence "failed to yield ROW". As for the speeding, tell the judge: "Your honor, I was going 52 miles an hour in a 40 one, not a 35".

[sukharev]

Q1: Can the speeding violation be thrown out due to the cop writing the incorrect speed limit on the citation?

A1: It may happen, if you prove the speed limit was not 35. However, you have to wait until prosecution rests (so that no new evidence can be submitted or testimony amended). This way, charges have to stand as they are, and cannot be changed to a different charge. Would work in a small percentage of cases.

Q2: Do I have a case?

A2: All you can do is testify, and see if the judge believes you. based on your description, you don't have much case. Try negotiating with DA to lower the charges or possibly dismissing one of the two tickets.

[iaminnocent]

Hey poohmantbb,
you're at the wrong forum. This is an advice forum, not a sarcasm forum. I didn't almost kill the guy and I didn't say it was right to speed. From what I understand, fines are based on how much over the limit you go, so at least 52/40 may give me a lower fine than 52/35. Lighten up ...

sukharev,
much appreciation for the advice. I'm net really liking the "don't have much of a case part." I'm thinking about pleading my case to the judge during the arraignment if he/she gives me a chance to.

[CdwJava]

Speed is not an element of the offense so it won't be relevent. When you were stopped and the pedestrian entered the sidewalk you were expected to yield not try to continue forward.

A sympathetic judge might let it go, but it will depend on what the officer has to say. And if the officer doesn't show at trial, you will prevail. However, you might want to take traffic school before trial ... it might not be available if you take the stand.

- Carl

[panzertanker]

Originally Posted by iaminnocent

I'm net really liking the "don't have much of a case part." I'm thinking about pleading my case to the judge during the arraignment if he/she gives me a chance to.

Your biggest problems:
Getting a judge to believe your version of events, versus the police officer's (not very likely).
Getting a sympathetic judge.

Faced with those 2 obstacles, I would go to traffic court, (as the professional police officer has advised you to do), AND asking the DA for leniency...

Good luck, you need to it to beat this...

[iaminnocent]

Thanks for the advice. Looks like I will just plead guilty, explain the situation to the judge, and hope for leniency. Will post results.