ca v.c. 2815 - disregarding a non-student traffic guard

[redfeyer]

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

(Below is the code from the CA website)

I was cited by a Sheriff County officer right by my local high school for disregarding a non-student traffic guard (officer actually wrote "fail to obey school crossing guard" on ticket. He cited me for only v.c. 2815.

The guard had just stepped off the curb, and the area is traffic dense during the period when school lets out. Since I drive a sedan, or lower height vehicle, my vantage point was blocked by oncoming traffic and right turning traffic and traffic ahead. The guard was not visible as he just stepped off. Also, from the place where the police officer witnessed the violation, it would have been impossible to tell if I truly disregarded the guard (it's an opposite vantage point).

I've taken a lot of photos to try and document the traffic situation (photos taken from my vehicle driving through, to show the perspective). I also have a photo of the actual cop in his hideout position. But the photos are only so good, since it was difficult to capture the exact situation a second time.

I'm doing a trial by written declaration, and I'm going to try and prove that I was not negligent -- the conditions made it nearly impossible to see the guard, no matter how slow or cautious I had been (I was NOT cited for speeding). The officer pulled me AND another vehicle over. I was the second vehicle.

Anyone think this is the best defense? Or know of a place to find out more about these cases? Most e-books and online info focus on speeding. Any experience or ideas?


Disregard of Nonstudent Crossing Guard

2815. Any person who shall disregard any traffic signal or direction given by a nonstudent school crossing guard, appointed pursuant to Section 21100, or authorized by any city police department, any board of supervisors of a county, or the Department of the California Highway Patrol, when the guard is wearing the official insignia of such a school crossing guard, and when in the course of the guard's duties the guard is protecting any person in crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety, shall be guilty of an infraction and subject to the penalties provided in Section 42001.1.

Amended Ch. 69, Stats. 1984. Effective April 5, 1984.What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

Also, from the place where the police officer witnessed the violation, it would have been impossible to tell if I truly disregarded the guard (it's an opposite vantage point).

Well, what did you do or not do that you were cited for? Would I be guessing correctly if I were to assume that the crossing guard had the hand held STOP sign raised and yet you went through the intersection?

 

[redfeyer]

I think so?

Honestly, I don't know, because I didn't see the guard until I had crossed the crosswalk. If I had to take a guess, yes. He had his sign up AS I drove over (I only saw him AS I was driving over, because it was the only point at which my line of sight covered him). But the citation only says "fail to obey school crossing guard" with v.c. 2815 note. That's exactly what the officer wrote.

So, what I mean is, the police officer could determine that I crossed the crosswalk when the sign was up, but he could not determine whether I "disregarded" the crossing guard, in the sense that I was negligent or not caring. The crossing guard was not visible until I was on or about to cross the crosswalk (at which point attempting to stop would have been more dangerous -- skidding, loss of control, etc.).

Another point: traffic itself hinders the officer's vantage point. He uses a hideout that is excellent at concealing his location but not perfect for determining a violation where the vehicle operator "disregards a crossing guard." I'm considering attacking the officer's subjective determination of "disregard" and defending my inability to "regard" the crossing guard. As said, the officer pulled over two vehicles (me second, an SUV in front of me first). Little harder to witness two violations without some assumption (as opposed to observation)....

I never subpoenaed his notes because I didn't want to give up my own. I have to consider whether I should ask for his notes and the traffic survey in the event it goes to trial de novo (which it probably will). There was another crosswalk that had been painted over. It was about 30-50 feet from the new one. Makes me wonder if they have had these issues in the past.


I hope that helps. I've had a tough time finding any case history or expertise on this particular violation. If any one has any ideas or prior experience? My trial by written declaration is due in a few hours, but, assuming it doesn't work, I will still be hashing out a defense for in-court trial. I also have no clue what the best way is to submit photos, diagrams, evidence..... stuff courts expect or look for -- whether to make this thing way long so as to force the officer to write a lengthy response (discouraging him to respond at all), or if such lengthy responses are absolutely the wrong way to go.

No idea......

 

[Zigner]

...but he could not determine whether I "disregarded" the crossing guard, in the sense that I was negligent or not caring.

If you couldn't see the crossing guard, then how would you have seen children in the crosswalk? Seems to me that you WERE negligent, by your own description of the event. You were negligent in that you didn't assure that the crosswalk was clear before entering it...

 

[redfeyer]

So then...

So would you throw this argument out as null and avoid? Should I try for something else?

Essentially, the crossing guard had just stepped off the curb, and he did not hold his stop sign high (I have a photograph of how he does not hold it high). This circumstance combined with impaired visibility to create the problem (not to mention the initial part of the curb is slightly depressed, making it more difficult to see).

I mean, my argument is that I was a safe driver going through an unsafe crosswalk (which I genuinely think it is -- it really needs flashing lights or a stoplight system; the traffic makes it very dangerous to see the guard much of the time), cited by a cop who had a bad vantage point for observing the violation.

Your point assumes that if I could not view the entire crosswalk, I should have made a complete stop until the entire crosswalk became visible. Is there any precedent for that assumption? You may be perfectly correct -- I have no idea. I wish I had some case law to go on here. The counter point is that completely stopping my vehicle in a high traffic area would have been more dangerous than going through a mostly visible crosswalk.

Maybe I should clarify my argument by noting that it is only the initial part of the crosswalk that is non-visible under these high-traffic circumstances. Or is that just a bandaid on the bullet wound of a losing argument?

Thank you all for the input! It forces me to rethink everything. So please, keep it coming.

 

[Zigner]

Your argument (weak in the first place) totally falls apart because you are familiar with the area...

 

[redfeyer]

actually**************..

I hadn't driven that route in years. I was going to a new job and taking a new route. Many years back, when I was in high school, I drove that route. Since then, they have added stoplights, changed the paint, etc. I don't know how new the crossing guard is (I don't remember a crossing guard). When I drove to school past that area, I never received a ticket -- not once, for anything. But I was unfamiliar with it when I got the violation (probably 4-5 years since I'd driven that route at that time, maybe longer). I think that was part of the problem.

Does anyone have ideas for researching means of attacking this? I appreciate all the holes you're putting in my argument, and I'd like to keep hearing them, but if you have any constructive ideas or research ideas, that'd rock too.

It's $466 of pain and suffering I want to take care of, if possible.