How to Fight A Ticket Against Pedestrian Crossing Against Signal

[sourfacepyropan]

What is the name of your state (only U.S. law)? CA

Hi,

I just wanted to know what legal action I should take in order to fight a ticket against a Pedestrian Crossing Against the Signal (Jaywalking)

Facts
1. My left turn signal turned green at a T-intersection.
2. I waited for a pedestrian crossing against the signal from left to right until she reached 3/4 of the way to the other side.
3. She had already passed me, and I made my left turn at a green arrow.
4. Cop from the intersecting street on the left side saw me as I passed him.
5. I got a ticket.

I know the law states that you must yield to pedestrians in cross walks, but what if that pedestrian was crossing against the signal? AKA, walking into a crosswalk while traffic was still flowing?

Questions
1. Is there a way to contest the ticket based on these facts?
2. Can I pay the bail amount and for traffic school, but still contest the ticket?
3. Should I just go to court and hope the cop doesn't show up?

I appreciate any advice. I've been googling this topic, and I haven't had much luck in finding a way to approach this. Thanks in advance.What is the name of your state (only U.S. law)?

[Hey There]

DRIVERS' CROSSWALK DUTIES:

CALIFORNIA VEHICLE CODE 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 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 unmarked crosswalk or within any unmarked crosswalk at an intersection.

A motorist DOESN'T need to wait for a pedestrian to leave the crosswalk and step onto the curb before he may lawfully pass. The statute only requires that a driver yield the right-of-way to pedestrians [subsection (a)], and to exercise "all due care," [Subsection {c}. Vehicle Code 525 defines right-of-way as "the privilege of the immediate use of the highway."

People vs. McLachlan (1939) Cal. App. 2d Supp and other case law support this.

In Ca. a driver is entitled to Discovery. Discovery is a request by the driver for evidence the officer plans to use in court including a video if one was taken. A form for Discovery can be obtained from the website Help! I Got A Ticket! and from the back of the book published by NOLO on fighting traffic tickets in CA. The prepared forms simplifies this request for Discovery.
The copy of the request for discovery should be mailed to the D.A. and to the arresting officer BY A FRIEND certified, return receipt unless the friend would agree to hand deliver and obtain verificatiion of receipt.
The driver retains the originals and keeps the proof of service which the friend fills out when he mails the request for Discovery.
If the driver doesn't receive Discovery within 10 days of receipt by the D.A.
he can request a hearing to have his case dismissed.The usual is for the judge to order that discovery be provided.
If discovery is provided it helps the driver submit a Trial By Declaration form
which is simply a statement the driver makes to why he isn't guilty of the charge. TR200 gives instructions on how to submit a Trial By Declaration and TR205 is the form to submit. If the judge rules against the driver he can request a new trial if done so within 20 days.
Here the DIscovery along with the officer's statement provided in the Trial By Declaration (should be asked for if the driver is ruled against) will help the driver prepare for trial.

Bail is only paid when the driver DOESN'T contest his violation or when submitting a Trial By Declaration. If the driver is ruled against at trial
he is fined along with assessments.

READING the small print on the Notice to Appear carefully will answer the question of a driver's choices in handling his traffic ticket.

Reading Help! I Got A Ticket! or the aforementioned book will help with the preparing Discovery, Trial by Declaration and a trial if necessary.


Best Regards
Hey There

[Jim_bo]

Hey There,

Excellent post. I agree 100% about the statute only requiring the driver to exercise all due care.

Do you have a link to People vs. McLachlan? If so, please post it here.