Why did I get this ticket?

Question

I was driving down the street and see this guy take one step off the curb and look in my direction. His left foot was on the curb and his right foot in the street so I slow down to about to about 20 mph and keep eye contact with him. I'm wondering is he going to cross the street (by the way there's no signal or crosswalk there) or is he just looking up the street at something? Turns the police were conducting a sting operation that day and citing drivers for not stopping for peds and the man I saw was an undercover cop. I got a ticket for this, my question do you think I do anything wrong?

Answer 1

The rule according to driver's ed is that you Yield to all pedestrians. The pedestrian has the right of way - regardless of if there was a signal or cross walk present. As soon as their foot hits the street, you must stop for them and allow them the right of way. Not doing so will result in a ticket. Is it right? I don't know if I agree with that, but it is the law. Sorry.

Answer 2

It's not entrapment people! But it does have to be a designated STOP sign approaching, cross-walk and/or intersection for the pedestrian to be given the right of way. For a pedestrian to simply walk out into the flow of traffic at an un-specified crossing is not reason for a ticket in and of itself. That would be Jay-walking. But you can count on that the Police Department knows the law more than the average citizen.

But I feel that there is more to this. A suburb area with a history of pedestrian injury perhaps? A study to show there should be a traffic light and/or cross walk?

A Police Officer will not generally ticket without reason and a law to back up the citation.

Your observation of the incident seems very clear for a driver to recall. Particularly that you recall his LEFT foot being on the curb, indicating the intention to cross the street.

Your best bet is to relay your recollection as stated above. For all intended purposes it appears as if you where aware of the pedestrian and made mental notes of his actions and intent to cross the street at a designated path. You slowed your vehicle with thought to the safety of the pedestrian.

Now at what point you got the ticket, I don't know. But if you feel you were not in the wrong, then only you can know the true scenario.

Good luck to you...............

Answer 3

OK, let's settle something first. It's only entrapment if a cop acting as a cop, persuades you to commit a crime that you would not normally commit. This situation is clearly not entrapment. If it was, every drug sting operation would be tossed out of court -- and they aren't!

Well, I'd say that your local ordinances or laws state that drivers must always yield for pedestrians. Since you failed to yield, you got a ticket! Pay up!

BTW, in many jurisdictions, there is a presumed crosswalk at every intersection and drivers must yield to pedestrians who are crossing with the light. Watch out when making those right turns!! If there's no light, peds always have the right of way.

Oh, and that MORON that said that a 200 foot stop at 45 MPH cost him 4 rotors is full of elephant dung! Stopping distance at 45 MPH is around 85 feet plus about 50 feet for reaction time. Those rotors were WAY past their sell-by date if that chump had to replace them after that snoozer of a stop!

Answer 4

I don't think you should have. A pedestrian always has the right-of-way, but that right-of-way has to be at a crosswalk or intersection. Crossing in the middle of a street or road is jaywalking and is just as much a violation as not stopping for a pedestrian. What happened to you isn't right. Go to court and tell your story just as you did here and let the judge decide. Good luck.

Answer 5

No, you did nothing wrong, I am a traffic engineer, not a police office or judge in this case (who you will have to convince) but, the pedestrian does not have the right of way at a mid-block crossing. If this was at an intersection the pedestrian does whether or not there is a marked crosswalk. They assert their right-of-way by entering the roadway, which it sound like the office did.

Again, if he was at an intersection you were wrong, if mid-block (not at an intersection) you were right.

Check your local ordnance's, some cities may have strange rules.

Answer 6

I guess the important question is...was the road painted to show that was a pedestrian crossing? I see you stated it was not a cross walk or a signal. I find this a very petty reason, if it was not a legitimate crosswalk, for them to ticket you. If you feel you were unjustly ticketed you could go to court and plead your case to the judge that you slowed down when you saw his possible approach. Good luck.

Answer 7

You did nothing wrong unless he was in a designated cross walk. If he was not in a designated cross walk you can beat the ticket. You need to be sure that the location where he was crossing has no posted "yield to pedestrian signs". Take pics of the area and take them with you to court. There are no guarantees that you will get it dismissed but it's worth a shot.

Answer 8

Thats Crazy

Answer 9

Depends on the state I guess, but I think you should fight it. IMO, the Cops are abusing the law to generate some revenue.

What's really sad is I've had cops literally jump out in front of my car and I had to slam on my brakes to stop. There was one time when I was REALLY tempted to not stop in time. hehe. The bastard cost me 4 new rotors because he literally JUMPED out into a 45mph road to stop traffic and I was less than 200 feet away from him doing 43mph.

Answer 10

Sounds like we are not getting all the facts here.
Unless you live in Bummhikkey Arkansas, you were entrapped . Boss Hog will take you down anyways.