Ok here is what I will officially do/say. Ignore all the other posts.
I’ll show photos of the scene showing what the intersection looks like so I can point out the diagram of where I and the officer were located. Also to point out where I turned out from, where the school zone warning sign is for the reduced speed, and where the crossing guard usually stands is a bit hidden since it is under a tree.
(here is a diagram of the positions of the cars)
. I will then state the story as “I was driving my fiancé to work at about 7:45am. I had just turned onto my street heading right (West) from the right most driveway from my apartment complex. There are 3, starting from the west to East. There is a sign that shows the speed limit during school zone hours from the middle one on towards the West. A crossing guard was preparing to cross the street where he was gathering them so as not to take a single child/adult. Suddenly we heard a whistle from the crossing guard who had not raised his stop sign or put his hand out or walked onto the road yet since he was still on the sidewalk. This crossing guard usually blows the whistle to warn drivers that he is about to walk into the road before he even steps foot onto the road/crosswalk. He then crosses with the group to the middle of the road, then remains there until the last person walking reaches the sidewalk and then returns to the original side of the road opposite the school side. An officer was at this crosswalk intersection but he was facing north. He then pulled me over and said that I failed to yield to the crossing guard. When I said he wasn’t in the road yet and I was already in the space right before the crosswalk when the whistle was blown, the officer said I should have stopped despite me going 25 MPH and me being that close to the intersection already.“
I will then state the CVC 2815, pointing out the part where it says “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 “ . The guard was not assisting people in crossing the street, nor was he holding up a stop sign or had his hand raised. Then I will say that since it was early morning where the sun hadn’t gotten too high up, making the area somewhat dark, but not dark enough so you couldn’t see, there was very little traffic and the officer was stopped at a stop sign. While working on their computer in car and planning the day, he looked up when he heard the whistle and saw me in the intersection. Assuming I had not yielded he pulled me over as possibly the first ticket of the day and assuming the guard had started his walk. Then my fiancé will give her testimony as corroborating evidence. Ask about interviewing the officer and the crossing guard if they can be subpoenaed. Ask about any other evidence from the day (other witnesses, camera etc.).
