ok, here to start it off. I was driving home from school around noon. It was a sunny day with light traffic. I approach an intersection following another car (car is moving very slowly) When I past the intersection where a pedestrian was still on the other side of the median (middle), I was pull over for not yielding-to-pedestrian and pull over by an officer on a motorcycle. I was ticket for cvc.21950(a)
The officer was behind me on my right-passenger side claiming that he was just sitting there and watching me not yielding over my tinted windows.
The question is that an I'm wrong or right?
2007-03-09 20:46:34 · 5 answers · asked by atr2the1 1 in Cars & Transportation ➔ Other - Cars & Transportation
lucifers d's, agree but....
21950.(b)
This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.
(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.
2007-03-09 21:01:02 · update #1
"this is nothing relates to tinted windows" I just though to add it in... :)
2007-03-09 23:18:02 · update #2
Only in California...
2007-03-09 20:54:43 · answer #1 · answered by Anonymous · 0⤊ 0⤋
with the violation code written out it sounds like you may have a chance if the pedestrian was not in the crosswalk or had not made it to the median. however if you show up in court to fight this you will probably lose as traffic judges tend to side with law enforcement. if the judge doesn't see it your way, you will have pay a fine and court costs. this fine may be a large chunk out of your savings, but still cheaper than fighting and then losing. [NOTE typically this is about the tinted windows maybe the shade within your states legal standards so he had to write you for something to show cause for stopping you.] so pay the fine and remove the tint and you will be left alone. been there and done that [east coast]
2007-03-10 06:54:02 · answer #2 · answered by hobbabob 6 · 0⤊ 0⤋
If it were GB:
If you were anywhere near hitting said pedestrian, you could be done for "dangerous driving" or "driving without due care and attention" (depending how how close a thing it was).
It is alway's the drivers fault, because no pedestrian would be stupid enough to jump out in front of a car.
If a pedestrian were to jump out into the road infront of you, their carer or whoever pushed them (whichever applicable) could also be held partly responsible.
You might be able to get off lightly if you can prove it was attempted suicide on the pedestrian's part.
2007-03-10 16:09:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Take it to court and plead your case. If you have any witnesses who are for you, bring them as well. Tell the judge that a car was in front of you and you were following the car in front. Ask him why the car in front of you was not pulled over in a hypothetical way. If the cop says it is for the tint, ask him why he never gave you a ticket for the tint then. Don't be a smartass though.
2007-03-10 05:29:12 · answer #4 · answered by dc1984us 3 · 0⤊ 0⤋
to be honest you are always supposed to yield to pedestrians. i won't say what i would like to about most law enforcement though.
2007-03-10 04:57:09 · answer #5 · answered by lucifer d 3 · 0⤊ 0⤋