What is the name of your state (only U.S. law)? California (San Francisco)
I was pulled over last night in the Mission District in San Francisco. I was facing NB on Mission St. @ 23rd St. in the right lane signaling to make a right turn waiting for a few pedestrians to cross. As the crosswalk turned red, the traffic light turned yellow, I proceeded with my right turn. About half a block down, I get pulled over. The officer asks me if I knew why he pulled me over. I said I had no idea. He continues to explain to me that he was SB on Mission St., turning left onto 23rd St. (opposite of me), and that I failed to yield to him, and that he, the vehicle making a left, has the right of way. I was dumbfounded, because the main thing you learn as a driver, is that the right turn has the right of way over the left turn. I asked him again, to confirm that I, making a right turn, have to yield to oncoming traffic making a left turn onto 23rd St. He confirmed it, and even gave a reasoning that there has been many accidents in the neighborhood, and that is why left turn vehicles have the right of way. I wasn't going to argue with him, so he went back to his cruiser to do the paperwork. Upon his return, he immediately asks me if I saw any pedestrians. I said I saw 2 pedestrians crossing the street, but I made sure to let them cross before I made my turn. He said that there was another pedestrian that I didn't see and I cut off. I said in confidence that I didn't see another pedestrian. He proceeded to say something along the lines of "well it was dark". He cited me for violating CVC 21950A which is failure to yield to a pedestrian. I then asked him about his first explanation of failure to yield to a vehicle making a left turn. He said that he consulted his partner, and that I was correct that I had the right of way, and that he's really citing me for failing to yield to a pedestrian.
Not sure if this matters, but the officer was very young in his 20s?, and seemed inexperienced. He even gave me two copies of the citation (defendant copy AND the "agency" copy). I have been driving in SF for 2.5 years. There are ALOT of pedestrians here in the city, and I'm very experienced driving here and very familiar with the traffic patterns and neighborhoods.
Do I have a case here to fight this ticket? I mean, the officer first changes his story on me, then gives me a half assed explanation about some pedestrian I didn't see. What is the best way to approach to get this dismissed, should I just appear in court or request a trial by declaration? I'd like to fight this ticket (seems BS to me), but also would prefer to not take time off of work to appear in court, but I'd also like the highest chance of winning. Do i need to request for a discovery of his dash cam or anything like that?
Any advice, tips would be very much appreciated!
Thank you!
I was pulled over last night in the Mission District in San Francisco. I was facing NB on Mission St. @ 23rd St. in the right lane signaling to make a right turn waiting for a few pedestrians to cross. As the crosswalk turned red, the traffic light turned yellow, I proceeded with my right turn. About half a block down, I get pulled over. The officer asks me if I knew why he pulled me over. I said I had no idea. He continues to explain to me that he was SB on Mission St., turning left onto 23rd St. (opposite of me), and that I failed to yield to him, and that he, the vehicle making a left, has the right of way. I was dumbfounded, because the main thing you learn as a driver, is that the right turn has the right of way over the left turn. I asked him again, to confirm that I, making a right turn, have to yield to oncoming traffic making a left turn onto 23rd St. He confirmed it, and even gave a reasoning that there has been many accidents in the neighborhood, and that is why left turn vehicles have the right of way. I wasn't going to argue with him, so he went back to his cruiser to do the paperwork. Upon his return, he immediately asks me if I saw any pedestrians. I said I saw 2 pedestrians crossing the street, but I made sure to let them cross before I made my turn. He said that there was another pedestrian that I didn't see and I cut off. I said in confidence that I didn't see another pedestrian. He proceeded to say something along the lines of "well it was dark". He cited me for violating CVC 21950A which is failure to yield to a pedestrian. I then asked him about his first explanation of failure to yield to a vehicle making a left turn. He said that he consulted his partner, and that I was correct that I had the right of way, and that he's really citing me for failing to yield to a pedestrian.
Not sure if this matters, but the officer was very young in his 20s?, and seemed inexperienced. He even gave me two copies of the citation (defendant copy AND the "agency" copy). I have been driving in SF for 2.5 years. There are ALOT of pedestrians here in the city, and I'm very experienced driving here and very familiar with the traffic patterns and neighborhoods.
Do I have a case here to fight this ticket? I mean, the officer first changes his story on me, then gives me a half assed explanation about some pedestrian I didn't see. What is the best way to approach to get this dismissed, should I just appear in court or request a trial by declaration? I'd like to fight this ticket (seems BS to me), but also would prefer to not take time off of work to appear in court, but I'd also like the highest chance of winning. Do i need to request for a discovery of his dash cam or anything like that?
Any advice, tips would be very much appreciated!
Thank you!