Yielding to a pedestrian

[fcc]

What is the name of your state? California

I'm wondering if anyone could offer any advice on the following or if anyone has similiar experiences they could share.

I received a citation for violating vehicle code 21950 - failure to yield to a pedestrian. The area was in LA on a busy street (Highland) at morning rush hour on a weekday. The LAPD had set up an operation in the area for specifically this reason - to cite people for violating said code. There were numerous police cars and motorcycles on both sides of the street. The speed limit is 35 on that street but I was travelling at 30 because of the traffic and because there was so much going on. There were also a lot of pedestrians on the sidewalk making a lot of fuss - I don't remember why but I think they were sweeping or laughing at people who were being pulled over. I just remember being distracted by them. By the time I saw the pedestrian, it was probably too late for me to stop without blocking the crosswalk and it wasn't until I passed the crosswalk that I realized what was going on. The sun was also obstructing my view to some extent at that hour.

So I'm wondering if I stand a chance at fighting this ticket for the following reasons:

There was a lot of distractions that day(on a regular day there's already distractions - add police cars, motorcycles and more pedestrians than usual)

I wasn't travelling at an unsafe speed and the pedestrian (cop) was never endangered by me in any way. On the contrary, I feel I would have had to hit my brakes pretty hard to have stopped for him by the time I saw him. Wouldn't that be more dangerous?

The sun was partially obstructing my view ahead and the officer who wrote me a ticket acknowledged that.

I know my chances are probably slim since the pedestrian was an officer as well, thus I have two officers who will have different opinions than mine. Just looking for thoughtsl.

Thanks.What is the name of your state?

[CdwJava]

Originally Posted by fcc

There was a lot of distractions that day(on a regular day there's already distractions - add police cars, motorcycles and more pedestrians than usual)

A sympathetic judge might show some mercy, but the distractions do not absolve you of the responsibility to yield to a pedestrian in a crosswalk. If you are so distracted, then you need to show down and focus on the conditions in front of you. In fact, one can argue that you were then driving at an unsafe speed due to the conditions.

I wasn't travelling at an unsafe speed and the pedestrian (cop) was never endangered by me in any way.

Aside from your failure to stop for him?

On the contrary, I feel I would have had to hit my brakes pretty hard to have stopped for him by the time I saw him. Wouldn't that be more dangerous?

Why would hitting your brakes be more dangerous than tagging a pedestrian?

The sun was partially obstructing my view ahead and the officer who wrote me a ticket acknowledged that.

A possible mitigating factor.

The law requires that you yield to a pedestrian within the crosswalk. However, the law also requires that a pedestrian must take care to their own safety when stepping into traffic. I doubt a court would find you guilty if the pedestrian stepped out into the crosswalk when you were just a couple of feet away. However, if the ped. was clearly within the crosswalk as you approached, you may be out of luck.

- Carl

[Jim_bo]

I don't think I would offer any of the "excuses" that you described as a defense. Also, I think this one is a good candidate for a trial by written declaration. I think your best defense is that the pedestrian stepped out at the last second. That's a tough judgement call and I want to believe that a judge will offer you the benefit of the doubt.

Jimbo

[Zigner]

Had the pedestrian already crossed your path when you entered the crosswalk?

[sukharev]

TBD is a good first step, where you can make all of these arguments and see if they fly. If not, you always have a trial and a chance that officer would not show, or judge is sympathetic. If you have clean record, hope for traffic school (read all about it on this site, if you can sift through the search results).