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.
