Charged with Failure to Yield to pedestrian

[NSX GT]

Very interesting morning when I got pulled over for failure to yield to pedestrian. First of all, I was driving my kids to school on a 4 lane street and upon approaching an intersection, I was on the far right lane going speed limit 30 mph. The cars in the next lane (left side) were stopping and I thought they were making a left turn into a driveway. I didn't noticed any pedestrians crossing until I was almost into the cross walk. Keep in mind the pedestrians 3 lanes over to the far left were just stepping off the curb to walk across. I would have had to slam and lock up brakes in order to stop in time. So the police decided to pull me over 1-2 miles after the location.

Do I have a case to fight and win? Both girls in my car witnessed the whole thing.

 

[socalx]

I don't think you have case. Seems pretty clear. 4 lanes or two lanes if there is a crosswalk and the pedestrians step of the curb, even with cars coming you have to stop

 

[warrenw]

No case, especially if the other car stopped for the pedestrian.
If a pedestrian shows intention to cross at an intersection or crosswalk, you must stop for them. Pay the fine and move on.

 

[DocL]

It's a $hitty ticket, but unfortunately a pedestrian once in a crosswalk has the right of way. Heck, in some states once a pedestrian steps onto the road, even outside of a crosswalk, they have the right of way.

As long as you don't get any points on your license just consider it a tax to use our roads.

 

[Hapa88]

What's the CVC code he sighted you for?

 

[arista5]

FIGHT IT!!! most departments today want you to fight the ticket.

From what i am told, If you pay the ticket about 90% goes to the state. if you fight it, they knock it to something lesser (typically no points like a parking ticket) the town/county gets 100% of the ticket. I would recommend you getting a lawyer though. They tend to know the right words or phrases to be sure its not a point ticket.

 

[pgilliam1]

Seems the only ticket you can fight and win these days is a speeding ticket - go figure?
A meter maid gave me a parking ticket 45 minutes before I even arrived at the spot (the ticket was pre-timed to make it look like I was there and overstayed the 30 minute limit). I fought it and lost with 3 witnesses saying I was in another county at that time. Filed a complaint against the officer - big deal.
Is yours a "moving" violation?

 

[gdae]

Oh, a place to rant ....
Where I live, if the light turns yellow at an intersection you'd better come to a smoking, screeching halt or they'll give you a ticket for running a red light.
I drive like freaking grandma all the time and it doesn't make any difference.

Oh, well. I'm still a basically happy guy. See?:smile:

 

[gdae]

OP, if you do fight it, let us know how it turns out.
I just rolled over on mine because if you fight it and lose all the other options such as driver's training are void.

 

[NSX GT]

Well, originally I thought the cars stopping on the left were trying to make a left turn or U turn. I could not see any pedestrian until I was rolling through the cross walk. Keep in mind this is a very busy street always flowing traffic at 40-45mph. I have to appear to Monterey County Court to figure out my destiny and fine $$$. The officer told me the last fine was $260.00 for same violation. Yes, its considered a moving violation. How many points IDK. Ill try to fight it or at least get it lowered and then on line traffic school.

 

[Daedalus]

Fight it. Some judges, believe it or not, actually understand reasonable arguments. Car blocked your view until it was too late. If they were in the farthest left lane, your assumption about the left turn is plausible. I made a line-of-sight argument against a speeding ticket and won some years back. Only downside is they usually require you to up the ante (e.g., if you lose, you pay fine plus court time/fees).

 

[Hapa88]

Do "Trial By Written Declaration" first and write a Physics paper describing your obstructed view, similar to this:
http://www.wired.com/wiredscience/2012/04/physics-driving-penalty