jaywalking question in CA

[look 171]

Got busted by a traffic cop with a radar gun sitting under a tree today a block away. I did not see him but he busted me for jaywalking.

I remember reading in the driver's handbook from the DMV. This was 25 years ago when I took my driving test that it was legal to cross the street if it was an intersection even without signal light or marked or painted crosswalk. I didn't want to give him my lic. because it would go on my driving record. I told him I did not drive. He needed an ID with a picture and will not take a credit card or anything else with my name on it. he said he would have to take me in if I didn't have the property ID and that I should have a CA ID with me at all time. I didn't want to dick with this butthead because I was going to see my father in the hospital. So I gave in and signed the ticket. anyone know if crossing like that is still legal?

[widgeon13]

Sorry to hear your misfortune. I have no experience in jaywalking or supplying ID to the cops but sounds like you should have said you were an illegal and everything would have been fine. No biggie.

Pretty ridiculous if you ask me, a BS ticket. I'll be curious to know what the fine $$ is.

[Jim Bremner]

How far from a traffic light? If I remember the code it's not jaywalking if your greater than 100 yards from a light. I hope that all is well with your Dad!

Googled this:Jaywalking California

The fine is up to $191! YOU're getting TAXED!

I studied "Administrtion of Justice" in college. This was one of the the reasons that I didn't become a cop. If you crossed the street with out putting your self or others in danger have you created a crime? NOT IN MY BOOK.

[Jim Bremner]

I'm having a case of insomnia! why the hell am I awke at 4am!

[Porsche-O-Phile]

Welcome to Kalifornia!

Make sure to leave some extra money in your budget for more government extortion of this type going forward as the local governments get more and more desperate for more money to waste.

[john70t]

Explain to the judge that the path which you walked upon existed long before cars and houses and road were built upon the surface of the earth, and that the existance of the street itself(which requires motorized vehicles to navigate) is in voilation of the Sherman Antitrust Act, and that you'd like the street removed. please.

[Noah930]

Whether marked (via paint on the ground) or not, at every street intersection exists a crosswalk. I can't recall in which Los Angeles neighborhood it was, but the city actually started erasing the paint on the ground as there were too many auto v. pedestrian accidents; the logic was that the painted crosswalks were giving pedestrians a false sense of safety, so they just walked out into the street without paying enough attention to traffic. That was the gist of the LA Times article, at least. Isn't there some guy who writes a column there where you can write in and ask these types of questions? He'll look up the exact vehicle code/traffic code for you.

[Zeke]

From Bremmer's link: Stop and Search: Police officers sometimes use jaywalking violations as a pretext for searching someone or questioning someone who they view as a suspicious person.

So, that's the real reason.

[porsche4life]

I had the stop and search happen to us last night in Texas, he was very interested in what was in the pickup, and what our reason for travelling was.... Managed to question us separately even...

[look 171]

Originally Posted by Noah930

Whether marked (via paint on the ground) or not, at every street intersection exists a crosswalk. \you.

That what I thought and I was legal to cross.

[look 171]

Originally Posted by Jim Bremner

How far from a traffic light? If I remember the code it's not jaywalking if your greater than 100 yards from a light. I hope that all is well with your Dad!

Googled this:Jaywalking California

The fine is up to $191! YOU're getting TAXED!

I studied "Administrtion of Justice" in college. This was one of the the reasons that I didn't become a cop. If you crossed the street with out putting your self or others in danger have you created a crime? NOT IN MY BOOK.

Thanks Jim, he's ok and home now. Pneumonia really kicks one's azz.

The next light or crosswalk is two blocks away right in front of the hospital.

[MauleM5-235]

FWIW, it has been years since I had this matter in a case and I no longer know the Oregon Statute number, but I clearly remember that under Oregon law any place two streets meet is considered an "intersection". Because it is considered an "intersection" a pedestrian has the right to cross and has the right of way over a motor vehicle.

OTOH, California law may be different.

[Joe Bob]

Unless there are controlled intersections on both sides it's legal to cross.

Here is a quick google

>>>>>>>

What exactly is jaywalking? What is the monetary fine for jaywalking?

Origin of the word: Jaywalking is a compound word. "Jay" refers to a foolish rural person who is unfamiliar with city ways.

Technically, jaywalking refers to a pedestrian who violates traffic regulations, particularly when crossing a street or road.

Under California state law, a pedestrian may generally cross a roadway anywhere along the road without jaywalking. But there are exceptions. Here are the main exceptions:

Exception #1:

Classic Jaywalking: If you are between two adjacent intersections that are both controlled by "traffic control signal devices" (i.e. a traffic light), then you, the pedestrian, must cross at the intersection. See California Vehicle Code §21955.

Issue: What if a person walks only part way across the street? What is he or she does not completely cross the street? Does this jaywalking statute apply and is there a violation of the statute? See sample trial brief / points and authorities relating to this narrow issue.
Exception #2:

Local Law Traps: Local jurisdictions (cities, counties) may enact harsher laws about jaywalking. See California Vehicle Code [CVC] §§21961 and 21106.

Typically, such local laws occur in high traffic business districts. See case of Sehgal v. Knight (1967) 253 Cal. App. 2d 170.

Exception #3:

Failure to Yield: Pedestrians generally must yield right-of-way to vehicles (which are near enough to constitute an immediate hazard) unless crossing at marked or unmarked crosswalks. (CVC §21954).

Remember, a crosswalk is not even necessarily marked by two white or yellow lines but can be unmarked. See CVC Section 275.

Exception #4:

Failure to Obey Traffic Signal: Pedestrians must obey the instructions on any official traffic signal unless necessary to avoid a collision or other emergency. CVC §21462. Example: Violation of "don't walk" signals or signs. CVC 21456(b).

The Outer Limits of Jaywalking Laws:

Long Distance Intersections: One might ask, “What if I’m standing half-way between two adjacent intersections that are two miles apart. Do I have to walk one mile in order to cross the road at the intersection to avoid breaking the law? Technically, the answer is generally “Yes.”

Note: An attempt to limit the distance to one quarter of a mile failed to pass in the California legislature.

Alleys: What if there’s an alley (without traffic signals) between the two signal controlled intersections? An alley is a “roadway” and becomes the adjacent intersection. Therefore, you may generally cross anywhere along that roadway because the alley itself is not controlled by a traffic signal. See Vehicle Code §365 and §530. See also case of People v. Blazina (1976) 55 Cal. App. 3d Supp. 35.

Stop Signs: What if one or both adjacent intersections is controlled by a stop sign? Case law dating back to 1940 [See Quinn v. Rosenfeld (1940) 15 Cal. 2d 486 "...'stop' signs at the intersections...no[t] a 'traffic control signal device'..."] dictates that stop signs are not traffic "signal" control devices. Stop signs are, however, "official traffic control devices" [See Vehicle Code §440 and §21400], but probably not a traffic control "signal" device. Thus, in such case, you can, arguably, in most cases, cross anywhere on the road. However, be warned that it is reported that many police officers consider stop signs to be a "traffic control signal devices"; therefore, you may receive a ticket for jaywalking. If so, you will have to make legal argument (or hire an attorney to do so) and seek to convince a judge that a stop sign is not a "traffic control signal device".

The Price of Violation of Vehicle Code Section 21955 (classic jaywalking) is an infraction, not a misdemeanor. As of 2010, the fine can be as high as $191 depending where the infraction occurs.

Stop and Search: Police officers sometimes use jaywalking violations as a pretext for searching someone or questioning someone who they view as a suspicious person.

Why have such laws? Pedestrian restrictive movement laws help reduce and prevent injuries and fatalities. As motorists and pedestrians, we need to obey traffic laws that assure our safety and the safety of others.

See selected California jaywalking laws found in the California Vehicle Code.

[Zeke]

Around hospitals where crosswalks are clear and placed well for a reason I can see where not abiding would constitute an infraction. Too many emergency vehicles, people upset not paying attention, etc.

Jeff, you might want to show up in court to ask for leniency. I think I'd volunteer to be a crosswalk guard before shelling out $191 plus probably an administration fee.

[Gogar]

As you know,

You're not required to provide a CA ID, or any ID at all. You are required to give them your name.

Since it's California, you should've just showed him your Mexican Driver's License and he would have been hands off!!

[blakey]

I would contest the ticket.. will have to waste some time but I don't think it will hold

[Joe Bob]

Too bad the PD don't get 'stupid points' when they issue blatantly bad tickets.

I've fought every ticket I have ever gotten.

No quotas? Bullpuckey.....

[McLovin]

Originally Posted by Gogar

As you know,

You're not required to provide a CA ID, or any ID at all. You are required to give them your name.

Since it's California, you should've just showed him your Mexican Driver's License and he would have been hands off!!

Exactly, this was handled all wrong.

The right way is to keep saying "no habla, no habla" and shake your head.

Not only do you get no ticket, you get a free scholarship to Berkeley.

[Rick V]

Please keep Ca, out there

[nostatic]

Any intersection has "assumed crosswalks." And vehicles in CA are supposed to yield to pedestrians in crosswalks.

The cop was a tool. You should have said you don't have your wallet - no id. Since you're not operating a motor vehicle there is no reason to have ID.