Fight or pay? 21950 (a) + Hided cops on private property

[cane_cat]

Hello,
I just got ticket 21950 (a) on standard 4 lane road in California.
Two policeman's were hide on the driveway on private property.
When I crossed the crosswalk I was driving on the right lane and the pedestrian was between two lanes of oncoming traffic.
Unfortunately, i could not upload image so i give you a link
http://www.ebaumsworld.com/images/hided-cops/85778290/

According to this i have 2 questions:
1) Is it legal for Сalifornia police to hide on private property?
2) Is there a chance to win this case in court?
Thank you.

 

[adjusterjack]

1) Is it legal for Сalifornia police to hide on private property?

Yes.

Do you only obey the law when you CAN see policemen?

2) Is there a chance to win this case in court?

Dunno. There seems to be some defenses built into the statute:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH

I guess it depends on where the pedestrian was when you crossed in front of him or in back of him, your speed, road conditions, etc.

 

[FlyingRon]

Cops are allowed to be sneaky, we call this good police work.

Alas California courts are very liberal about what it means to "yield to a pedestrian in a crosswalk." It's more than just "missing" them. For example, in your picture if you were driving the car that the POV of the camera, I'd certainly recommend stopping for the guy shown in the crosswalk.

 

[PayrollHRGuy]

I have to say it. Hidden Cops not Hided Cops.

 

[Just Blue]

I have to say it. Hidden Cops not Hided Cops.

THANK YOU!

 

[CdwJava]

The definition of what it means to yield can vary by court. In some courts, they will decide that you have to yield while the pedestrian is anywhere in the crosswalk. Others may be okay with their simply being no reasonable likelihood of impact (say, half the distance across and away from the vehicle). I suspect that if your jurisdiction is conducting these operations, the local court will be taking the more stringent interpretation.

And, to reinforce what the others have stated about an officer "hiding" on private property for such an operation, yes, they can. If there is an issue, the property owner can raise it.

 

[mjpayne]

According to this i have 2 questions:
1) Is it legal for Сalifornia police to hide on private property?

Certainly if they asked for permission from the owners. Even if they didn't, it wouldn't result in anything you could use for your defense. It would be a civil case between the property owner and the town/city if anything.

 

[cane_cat]

Thank you very much, it was helpful.
I thought that police can not break laws to enforce other laws and i can use it.
In any case I am going to fight this ticket (I recently used the traffic school for another ticket).
I plan to request a trial by mail.

 

[FlyingRon]

I thought that police can not break laws to enforce other laws and i can use it.

You thought wrong. Further, "hiding" on private property isn't "breaking laws."

I plan to request a trial by mail.

Does that mean you're requesting a TBWD or that you just want to go to trial. The latter you usually do by appearing as stated on the ticket.

 

[Zigner]

Thank you very much, it was helpful.
I thought that police can not break laws to enforce other laws and i can use it.

What law do you feel the officer broke???

 

[Just Blue]

Thank you very much, it was helpful.
I thought that police can not break laws to enforce other laws and i can use it.
In any case I am going to fight this ticket (I recently used the traffic school for another ticket).
I plan to request a trial by mail.

You learned so much from that schooling.

 

[cane_cat]

Yes.

Do you only obey the law when you CAN see policemen?



Dunno. There seems to be some defenses built into the statute:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH

I guess it depends on where the pedestrian was when you crossed in front of him or in back of him, your speed, road conditions, etc.

I was on right lane, pedestrian was between two lanes of oncoming traffic.
PLS check a picture.
http://www.ebaumsworld.com/images/ped/85780649/

 

[Zigner]

Based on your images, it appears that you should have stopped (the pedestrian was crossing in front of you). Had the pedestrian continued at a normal pace, he would have had to change his rate of travel in order to avoid being hit by you...and that is the definition of you failing to yield.

 

[cane_cat]

What law do you feel the officer broke???

They use private property for their business and they block a driveway.

 

[PayrollHRGuy]

They use private property for their business and they block a driveway.

That isn't against the law.