Failure to Yield to Pedestrian California Law?

[rolfe16]

I was making a right turn on a red light, the light turned green I did see the pedestrian crossing. He crossed halfway before I turned to the right most lane now he didn't finish crossing the crosswalk however it was a really long one ... after I turned right he didn't even turn around . A police followed me first off it took me a while to pull over because this was my first time getting pulled over by a cop. The police was really mad and said I almost hit the guy. I totally saw him. Is there any chance that the court will rule on my side if I go to court? I think it is better to pay. I have a feeling that the cop can sway the court really well I have never been to a court before so I have absolutely no experience with this. I have a feeling that I will lose because the guy didn't finish going to the other side of the sidewalk and it took me a while to respond to the traffic cop before pulling over.

[dubh35]

Generally the police do not give you a citation unless it is warranted. You were cited for a violation of
CVC 21950. Which states

(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

Now this assumes that the crosswalk did not also have lights telling the pedestrians when they were allowed to cross but I think that you are out of luck here because if your light was green his "WALK" light would have also been illuminated.

The rest of the code reads

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.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

You may have a defense in CVC21950(c) since you did see the pedestrian and took care to insure his safety.

I would make my appearance at court at the prescribed time and plead my case. The Judge may have little or no sympathy for you but he may lower your fine.

[ealahweemah72]

Don't bother fighting it. Pay the fine and go to traffic school to keep it off your record so It does not hurt your insurance rates. When you get your courtesy notice it will tell you how to sign up for traffic school