21950(a) aM i rIghT oR wRonG?????????

[gsr105064@aol.com]

late night after heading with a friend down in san gabriel (california) i noticed a cop following me for about 3 miles. i then had to make a right hand turn and i also noticed the cop was still behind me. to make the story short. the light turns green for me so i signal, but then all of a sudden a pedestrian handicap guy starts walking across the street, i then yield to him and waited till he got to the middle center divider before proceeding right then and there i was pulled over...and cited for failure to yield 21950(a)...tell me what you guys think. am i right or wrong to turn when this guy is already in the center divider or is the cop right for giving me the ticket for not yielding and waiting for the pedestrians to cross to the other side...thanks any help would be appreciated. please email me at gsr105064@aol.com

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Read the whole rule: you may have a good argument. Then take IAAL's Knuckleheads posting and show them your stuff! But one thing, the next law afer this states then when a vehicle is stopped for a pedestrian, another vehicle cannot pass the stopped vehicle. See, this implies that you must wait until pedestrian has fully crossed the road before turning.

Right-of-Way at Crosswalks
21950. (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.

(b) The provisions of this section shall not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. No pedestrian shall unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The provisions of subdivision (b) shall 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.

Amended Ch. 741, Stats. 1982. Effective January 1, 1983.