Fighting CA ticket with Trial By Declaration

Sonic dB · Sonic dB's Garage

I received a ticket a while back, for failure to yield to a pedrestrian in traffic.

This was part of a traffic-sting that was occuring that day in Thousand Oaks. Motorcycle police had 3 other cars pulled over in the area.

Below is a photograph of the intersection in question. The pedestrian had stepped off of the curb, in front of the stop sign in front of the Napa Auto Parts.

As you can see, there are no crosswalk lines painted on that side of the intersection.

As I approached the intersection in my Red 911, I was in the right hand lane on the opposite side of the street from which the pedestrian had stepped off of.

A large SUV in the left lane next to me suddenly hit the brakes and stopped very quickly... I slowed down quickly but could not see around the SUV to spot the pedestrian, until I was in the middle of the intersection.

I found myself in the middle of the intersection, and then I spotted the pedestrian who at this point had started walking across the opposite lane. He was at least 50-75 yards from my lane.

Given the choice at that time, to stop in the middle of the intersection or keep on rolling...I chose to do what I thought was the safe thing, and kept rolling. I was going about 30-35 MPH as was the posted speed limit.

The police office pulled me over and ticketed me for failure to yeild to the passenger.

My defense is this:

1) no painted lines on that side of the interesection, however there were on the other side.

The pedrestrian was in effect "Jay Walking".

2) Due to no lines in the intersection, I had no advanced warning that there could be a pedestrian crossing at that point of the intersection. Because there were lines on the opposite side of the intersection, it was my logical choice to look for pedestrians crossing there.

I have a perfect driving record and I have always obeyed the pedestrian law in the community that I live in. I do not feel that this ticket was justified.

If anyone has any additional advice related to fighting this ticket, Id like to hear them. Thanks. No flames please, I am a great driver in traffic and dont need any criticism from you. Im just looking for good, solid, honest advice from those of you in the know.

I am filing the trial by declaration tomorrow.

ronin · 10-10-2004, 08:36 PM

I'm not sure about CA, but the unmarked crosswalk defense wouldn't work here in WA, as it is a requirement for pedestrians to cross at intersections, whether controlled, marked, or not. however, the distance may play in your favor (if I understand your explanation correctly) in WA, depending on the size of the intersection, you are permitted to proceed if a crossing pedestrian has not yet entered your lane of travel. (i.e. your side of the road) for example, you are permitted to proceed northbound if a crossing pedestrian is still in the southbound lanes (asoasf)

Sonic dB · Sonic dB's Garage

Thanks ronin.

The thing regarding JayWalking...is that there are painted lines on the opposite side of the intersection in which he could have chosen to use. Unfortunately these are not captured in the picture, but would have been to the right side of the picture. Isnt that just plain old dumb JayWalkin?

ronin · 10-10-2004, 08:57 PM

if that intersection was set up as such, then this would definitely help your defense. there are a few intersections here too that specifically (with supporting signage) permit crossings only at marked crosswalks. if this is the case for this intersection, you can help prove that by obtaining the plan from the city

nostatic · nostatic's Garage

you're going to lose. At any corner in CA, a crosswalk is assumed...doesn't matter if there are lines painted or not. Jaywalking only occurs if someone is crossing mid block (or at a corner that is clearly marked as no pedestrians). You are expected to look for pedestrians at *any* corner, and be able to stop if they step out. Period.

Take traffic school, and chalk it up to experience.

Sonic dB · Sonic dB's Garage

Maybe, but if the cop doesnt file or the judge looks at my prior history etc. I may get off.

ronin · 10-10-2004, 10:58 PM

still, don't forget to check the law as to whether you need to yield when the pedestrian is still in the oncoming lane of traffic

Burnin' oil · 10-11-2004, 06:19 AM

Trial by Declaration = You Lose.

The issue isn't the absence of a painted cross-walk. The issue is who had the right of way and, if the pedestrian had the right of way, did you interfere with the right of way. Yielding the right of way to a pedestrian does not mean waiting until the pedestrian is completely off the street. You can legally drive through a crossing area even if a pedestrian is still crossing the street, just not so close to the pedestrian so as to interfere with his movements, plus a little bit more for safety's sake.

juanbenae · juanbenae's Garage

was there a handi-cap ramp at either corner? i see one in front of the napa store, was there one for use to cross the street you made the turn from? 50 to 75 yards? do you mean feet? i dont see 150 to 225 feet street width.

not to slamp or flame just asking some questions as the devil's advocate.

ubiquity0 · 10-11-2004, 08:03 AM

You should probably read the CA vehicle code. Its irrelevant whether there is a painted crosswalk at the intersection. The pedestrian has right of way & is not jaywalking.

If it were mid-block that would be a different case.

You should probably just pay the fine.

Porsche-O-Phile · Porsche-O-Phile's Garage

You're going to lose - you're fighting a system that exists almost solely to make money; safety enhancements are a consequence, not the motive. I feel sorry for you, I really do but let's face it - in CA cars are cash cows for the state. They hit you every time you turn around for one thing or another related to them and this is no exception. If people stopped driving in CA for a week, the state would go belly up.

sammyg2 · 10-11-2004, 12:16 PM

A pedestrian can cross the street at mid-block with right-of-way in California if there is no crosswalk or cross street within 100 yards.
At any intersection a crosswalk is assumed as stated above.
I'd say you're only chance is if the officer fails to appear.

mikester · 10-11-2004, 12:24 PM

Why do people fight tickets when they know they were wrong and breaking the law. I'm not saying that happened here I'm just asking.

I never understood it. I have sped - I got a speeding ticket and while it certainly is irritating the facts are that I was speeding and an officer of the law pulled me over and gave me a ticket. I was guilty - I knew it so I paid the fine. I mean - hoping the officer won't show up - is that the right thing to do? Would you tell your kids that was the right thing to do? Maybe I'm too much of a boyscout.

RoninLB · 10-11-2004, 01:13 PM

fight it.
go to the clerks office a day before court date and see if the PD postponed. If he didn't you postphone. Same thing at day before next date. You may be able to do it 3x.

In some courts around here a speeding ticket fight is a 50/50 that PD won't show.

Sonic dB · Sonic dB's Garage

mikester.... had I been speeding and caught red handed, Id pay the fine. But I wasnt.

I moved here 2 years ago from Michigan. In that state, what the pedestrian did was JayWalk. That does not apply in CA, obviously but still...

Yes, I read the CA code last night. If going strictly by that, then I was in violation. Still, it didnt hurt to try because what I did was not even close to the pedestrian and had I stopped and stayed there, I would have been an even bigger safety risk sitting there in the middle of the intersection.