Vehicle Stopped for Pedestrians

[Diesel07]

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.

[Jim_bo]

Welcome to the People's Republic of Kalifornia.

As you described it (unless I am wrong) you were the first in line at the red light adjacent to the cop who was first in line in his lane. By definition, you could NOT possibly have passed anyone from the rear because you were not behind anyone. Not only should you go to court and argue this, but you should do it in such a way that makes it clear to the court and all of those listening just what kind of a moron this cop is. Cops who get their jollies by writing tickets for just anything really pi$$ me off.

Good luck.

[Zigner]

Originally Posted by Jim_bo

Welcome to the People's Republic of Kalifornia.

As you described it (unless I am wrong) you were the first in line at the red light adjacent to the cop who was first in line in his lane. By definition, you could NOT possibly have passed anyone from the rear because you were not behind anyone. Not only should you go to court and argue this, but you should do it in such a way that makes it clear to the court and all of those listening just what kind of a moron this cop is. Cops who get their jollies by writing tickets for just anything really pi$$ me off.

Good luck.

Another pearl of wisdom

[Jim_bo]

Originally Posted by Zigner

Another pearl of wisdom

You are finally getting smart and agreeing with me... congratulations.

[racer72]

Originally Posted by Jim_bo

You are finally getting smart and agreeing with me... congratulations.

^^^Obviously doesn't understand sarcasm.^^^^

[Diesel07]

Thanks, I just needed another opinion Hopefully this works out

[Diesel07]

I've never been to court before. Will I just have to explain to them what happened? I'm not quite sure about how this goes.

Also, what are my chances of having my fine reduced or charged dropped, and what do I need to do to have any of those happen?

[Jim_bo]

Originally Posted by racer72

^^^Obviously doesn't understand sarcasm.^^^^

^^^Obviously doesn't recognize a well placed return volley!^^^

[Jim_bo]

Originally Posted by Diesel07

I've never been to court before. Will I just have to explain to them what happened? I'm not quite sure about how this goes.

Also, what are my chances of having my fine reduced or charged dropped, and what do I need to do to have any of those happen?

I don't mean to be harsh, but... get a spine!!! You get charged with an incredibly bogus charge and you are interested in getting the fine reduced??? Have you ever heard the quote, "Millions for defense, but not one cent for tribute!"???

Make sure you understand the law you have been charged with violating, ask you passenger to testify for you and simply go into trial and tell you story. Don't cower if you are innocent!!

[I_Got_Banned]

Originally Posted by Diesel07

I've never been to court before. Will I just have to explain to them what happened? I'm not quite sure about how this goes.

Also, what are my chances of having my fine reduced or charged dropped, and what do I need to do to have any of those happen?

Diesel07,

Typically, when you appear in court on or before the date stated on your citation you will be required to enter a plea of "Guilty" or "Not Guilty"... You are not usually allowed to to give an explanation of what happened or why you think you are guilty or not guilty... If you plead guilty, the Judge will tell you the amount of your fine and you will be referred to the clerk's office to pay that amount... If you plead "not guilty" then a trial date will be set for a later date, you maybe required to post bail for the amount of the fine (which will be refunded to you if you are found not guilty at your trial).
On your trial date, the officer will show up, and testify/tell his version of the events as well as his reasoning as to why in his view, you should be cited and fined. After that you will get an opportunity to question him if you choose to. Which will then be followed by the court giving you an opportunity to testify on your own behalf.

Once the court hears the officer's testimony and yours (assuming you choose to testify) it will render a verdict as to your guilt or innocence.

That is basically it in a nut shell... There are a few websites on the internet ( example: [url=http://www.helpigotaticket.com/sitemap.html]Help! I got a traffic ticket.[/url] ) and a few books (example: [url=http://www.nolo.com/product.cfm/ObjectID/5049A39C-99F3-41FF-BA270821A98897B9/104/263/]Fight Your Ticket & Win in California[/url] ) that you might find at your local library than can explain the process to you in greater detail.

If you happen to come up against any unanswered questions, then feel free to post those questions here in this thread and we will be more than happy to help out as much as we can.

Keep in mind that the process of taking a traffic ticket to trial, and although it is not impossible, it can be very time consuming... Your case does, however, seem to be pretty simple to prove in which case you should be found not guilty and (hopefully) you will not have to pay a fine.

Good luck

[Diesel07]

I_Got_Banned and Jim_bo

Thank you so much for your helpful responses. If I come across any questions I may need answers to, I will reply here in the next couple of days.