Santa Clara County California VC-21950(a) Failure to yield to a Pedestrian HELP!

[nickelic]

What is the name of your state: California (San Jose)

Today I was given a ticket for "Failure to yield to a pedestrian" VC-21950(a). The situation, as I saw it, is as follows. I was pulling into a large private parking lot, this parking lot happens to be where I work as a bartender. There was a gentleman whom was on the sidewalk walking toward the driveway where I was about to turn in. The man seeing me paused allowing me to pull into the driveway. It appeared that the gentleman in question waited for me to start pulling in the driveway then proceeded to cross said driveway, this driveway is about 10 feet across. I was (in my opinion) not causing any type of dangerous situation, the man waited and I went through. The second I stopped in a parking space I was being screamed at to stay in my car. The officer said things to me like "If [the gentleman in question] had not stopped for you, you would have hit him." Even though the only reason I proceeded was for the exact reason of him stopping. After receiving my "people like you kill pedestrians" speech, making me incredibly late for work all the while my co-workers gawking at me, the officer cited me for VC-21950(a) and went on his marry way. On a side note: Indecently with in the next hour or so he had pulled over 3-4 more vehicles in the exact same area as my co-workers were coming in they were giving me constant updates on him.

If I wished to contest this ticket via a court hearing could I bring in my co-workers as witnesses, would that even be viable? Would it even be worth contesting assuming the officer does show up?
If I wished to contest this ticket via "trial by declaration" option, what if any laws would I have on my side to help me? How do judges view this option? Would it be a waste of my time?
Finally, how much is this going to cost if I just paid the ticket, the officer implied it could be close to 400$! As a student that would be an unbelievable deviating blow to my finances. I just need a strait answer for this one as it is the most important and will help me decide my future plan of action.

Thank You very much for any help you may be able to deliver!
-Nick?

[CdwJava]

Originally Posted by nickelic

If I wished to contest this ticket via a court hearing could I bring in my co-workers as witnesses, would that even be viable?

Sure. But, if they did not see the actual violation, then their testimony would not be worth anything and they might not be allowed to even testify.

Would it even be worth contesting assuming the officer does show up?

You lose nothing, really, by contesting it. The only thing you MIGHT lose is the option for traffic school if you are otherwise eligible. Many courts will not allow you the option of traffic school if you lose at trial, only if you plead ahead of time.

If I wished to contest this ticket via "constest by mail" option, what if any laws would I have on my side to help me? How do judges view this option? Would it be a waste of my time?

If you lose, you can request a new trial before the court. You lose nothing by doing this. There are even some advantages to doing this.

Finally, how much is this going to cost if I just paid the ticket, the officer implied it could be close to 400$!

I'm assuming that with fines, fees, and assessments, it should be about $201.


- Carl

[I_Got_Banned]

Originally Posted by nickelic

Today I was given a ticket for "Failure to yield to a pedestrian" VC-21950(a).

Here is CVC 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.

If your description of the situation is accurate then I personally feel like the officer cited you for the wrong vehicle code section…. He should have cited you for CVC 21952 which states:

The driver of any motor vehicle, prior to driving over or upon any sidewalk, shall yield the right-of-way to any pedestrian approaching thereon.

So you might have an argument which might lead to having the citation dismissed… However, if the court were to choose to look at it strictly as a “failure to yield to a pedestrian” then arguing a difference between a sidewalk or a crosswalk will not get you anywhere.

Originally Posted by nickelic

On a side note: Indecently with in the next hour or so he had pulled over 3-4 more vehicles in the exact same area as my co-workers were coming in they were giving me constant updates on him.

Why is that “indecent”???

If that entrance to the parking lot is an area where there were a number of accidents, or if it is an spot where people are always violating the law (and if you would read CVC21952 you could figure out that you did in fact break the law… you just happened to get cited for a different vehicle code section) then the officer is just doing his job by citing those who violate the law… he‘s obviously doing a crappy job if he‘s citing people for the wrong violation but he is still doing his job nevertheless.

Originally Posted by nickelic

If I wished to contest this ticket via a court hearing could I bring in my co-workers as witnesses, would that even be viable?

Viable? Think about it…. You call up a witness who’s gonna testify that the officer was citing people who broke the law…. What do you think the Judge is going to say?

Originally Posted by nickelic

Finally, how much is this going to cost if I just paid the ticket,

A violation of CVC 21950 OR 21952 will run you approximately $201.

[nickelic]

Thank you very much for the quick and helpful responses!

Just had a few quick things to say to clarify my situation a bit more.

As far as my co-workers as witnesses, I assumed they would be saying something along the lines of "The gentlemen in question had not entered the parking lot entrance driveway until his [my] car was clearly in the middle of side entrance." That is what they told me they saw, they also where about 50 yards away. The officer however was about 10 yards away. I can not reasonably verify the exact location we both were in when I entered the parking lot.

The only reason I mentioned the side note to his having pulled over many more in a short period is that when contesting by mail I figured there would be a much higher chance of him forgetting this particular incident. That my be a very foolhardy suggestion but I'm looking for all the help I can get.

I absolutely felt there was no danger to the pedestrian at all. If I did indeed clearly violate CVC 21952 than I feel I should pay the ticket, but hey that's why I came here, for the great advice!

Also if anyone know what the added price of traffic school is, I would love to know it.

Once again to those who posted responses, thank you very much you have indeed taken a great load of the stress from this incident of my mind.

[CdwJava]

I have to agree that upon re-reading the circumstances, it does not appear that this involves an intersection and it can probably be beaten on its face. A TBWD would likely prevail with the proper definitions presented ... perhaps a diagram and a description of the scene.

- Carl

[I_Got_Banned]

Originally Posted by nickelic

As far as my co-workers as witnesses, I assumed they would be saying something along the lines of "The gentlemen in question had not entered the parking lot entrance driveway until his [my] car was clearly in the middle of side entrance." That is what they told me they saw, they also where about 50 yards away. The officer however was about 10 yards away. I can not reasonably verify the exact location we both were in when I entered the parking lot.

You have to understand that your co-workers, and with all due respect, are biased towards and they might not have a full understanding of the alleged violation that you committed... So although there testimony might present their view, the officer's testimony may still hold its grounds based on his understanding of the law, as well as the fact that he gains nothing if you lose and loses nothing if you win. He is merely doing his job.

Originally Posted by nickelic

The only reason I mentioned the side note to his having pulled over many more in a short period is that when contesting by mail I figured there would be a much higher chance of him forgetting this particular incident. That my be a very foolhardy suggestion but I'm looking for all the help I can get.

officers usually write a few notes on the back of their copy of the citation to remind them of the few pertinent facts for each. You can request a copy of those note by requesting an “Informal Discovery Request” upon the District Attorney for the county where you were cited or the City Attorney in some intances (depends upon the local procedures for that area. Google “Informal Discovery Request” or search this forum for the same and you'll get plenty of information about the topic.

Originally Posted by nickelic

I absolutely felt there was no danger to the pedestrian at all.

“Posing a danger” to the pedestrian is not an element of the offense here. If you read 21950(a) (for crosswalks) and 21952 (for sidewalks) you will see that the only deciding factor as to whether you were in violation is dependent on whether you yielded the right of way to him/her. Pedestrians in a crosswalk or on a sidewalk ALWAYS have the right of way... So if you're crossing that crosswalk or sidewalk impeded their normal progress (meaning he/she had to stop because you didn't), then generally you can be found in violation.

Originally Posted by nickelic

If I did indeed clearly violate CVC 21952 than I feel I should pay the ticket

I appreciate your taking ownership of that. But, and although I think you were clearly in violation of 21952 and yet you were cited for 21950(a) which, as I stated before, and depending upon the judges interpretation, you were cited for violating the wrong section. So theoretically, you shouldn't have to pay the fine.

Originally Posted by nickelic

Also if anyone know what the added price of traffic school is, I would love to know it.

It should be an additional $49 administrative fee that you pay to the court on top of the $201 that was previously mentioned... Plus the fee that you would have to pay to the Traffic School.

Originally Posted by nickelic

Once again to those who posted responses, thank you very much ...

You're welcome, please let us know how it all works out...

Good luck!