What is the name of your state (only U.S. law)? California
It was 8:30pm and I was driving in the lane to the left of an officer on a motorcycle after being stopped at a stop light. We both stopped at a complete stop in our lanes to allow pedestrians to finish crossing. When the pedestrians were stepping onto the sidewalk, I slowly went ahead (especially because I knew he was there).
The officer then pulled me over and asked me if I had seen the ladies crossing. I said yes. He then said that there was another lady on the island who was about to cross. Then he said that I could not overtake a vehicle at a cross walk. At that point I was confused. First of all, the island was very narrow and I and my passenger were sure that no one was there, as I am a careful driver and was especially careful because of his presence. Second, I didn't think I overtook any vehicle. So I believed he was referring to himself, as he was in the right lane next to me. So he charged me for 21951 CVC (Crosswalk Overtaking Vehicle). The ticket also states that I was going 25 mph at the time, which is the right speed for a business area anyway. BUT how could I be going through the crosswalk at 25 mph when I was at 0 mph some feet away from the crosswalk? I definitely did not accelerate that quickly.
Should I have been charged? The California Vehicle Code states:
"Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. "
I was not coming from the rear-- I was stopped next to him and allowed the pedestrians to cross. When the pedestrians were stepping on the sidewalk I slowly went.
I'm so confused
. When I go to court for this, is it worth arguing? And if it is, is it appropriate for me to explain to the judge as I did here? Thanks everyone.
It was 8:30pm and I was driving in the lane to the left of an officer on a motorcycle after being stopped at a stop light. We both stopped at a complete stop in our lanes to allow pedestrians to finish crossing. When the pedestrians were stepping onto the sidewalk, I slowly went ahead (especially because I knew he was there).
The officer then pulled me over and asked me if I had seen the ladies crossing. I said yes. He then said that there was another lady on the island who was about to cross. Then he said that I could not overtake a vehicle at a cross walk. At that point I was confused. First of all, the island was very narrow and I and my passenger were sure that no one was there, as I am a careful driver and was especially careful because of his presence. Second, I didn't think I overtook any vehicle. So I believed he was referring to himself, as he was in the right lane next to me. So he charged me for 21951 CVC (Crosswalk Overtaking Vehicle). The ticket also states that I was going 25 mph at the time, which is the right speed for a business area anyway. BUT how could I be going through the crosswalk at 25 mph when I was at 0 mph some feet away from the crosswalk? I definitely did not accelerate that quickly.
Should I have been charged? The California Vehicle Code states:
"Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. "
I was not coming from the rear-- I was stopped next to him and allowed the pedestrians to cross. When the pedestrians were stepping on the sidewalk I slowly went.
I'm so confused
. When I go to court for this, is it worth arguing? And if it is, is it appropriate for me to explain to the judge as I did here? Thanks everyone.