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Vc-21950a-i

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dimofeevich

Junior Member
I am in California. I was at a red light waiting to make a right turn. The light turned green, there was a pedestrian, I waited for him to cross and then turned behind him. There was a cop behind me and he gave me a VC-21950A-I violation. He said that I didn’t give enough clearance to the pedestrian, which I disagree with.

If the pedestrian felt unsafe he would have reacted. Instead he simply continued on his way, did not turn back or look scared. I don’t think the officer had a clear line of view. His motorcycle was behind my car and the pedestrian was in front.

Other (possibly unrelated) info:
1. He was a bit irritated when he stopped me and complained that I “drove for two miles before stopping”. First, I was getting on a ramp to a highway and when he turned on the lights I was assuming he just wanted to chase someone on the highway, I did not think it was me because I did not do anything wrong. Once I realized he stayed behind me, I took the first exit and drove a bit to find a safe place for him to walk to me without blocking traffic. It was maybe 500 feet since the moment his lights were on.
2. It was the last day of the month and I suspect he just wanted to make his quota.
3. He also put on the citation two other warnings that he saw me do a block before which he didn’t explain to me. (If he saw me violate the law, why didn’t he stop me right then?)

I have a court date scheduled soon.
Questions:
- I read the law but could not find a section describing the rules on turning after the pedestrian has passed. Is there a minimum distance to keep away from them? Where do I find this? What is the “-I” at the end of the violation?
- I am planning to say that the officer did not have a clear line of view since my car blocked his view, and that the pedestrian did not show any reaction and sign that he is unsafe. Would mentioning any of the other points 1-3 above help?
- Do I have a good chance of fighting this ticket?
 


PayrollHRGuy

Senior Member
You are correct the law doesn't give any details of what is too close.

I think you have a chance if you fight it but none of your 3 issues will help you. Also, stating the officer didn't have a clear view isn't going to help you. He will simply say yes he did. And as a rider of large motorcycles I can tell you that we can see just about everything unless you are driving a particularly large truck of some kind.

You best bet is to stick with the "you weren't to close the pedestrian didn't even react defense". Along with the fact that you didn't hit the pedestrian.
 

Zigner

Senior Member, Non-Attorney
Just to reiterate, this is really going to come down to a judgment call. I feel your pain because you're in a very tough spot to defend. You obviously "yielded" to the pedestrian, which is all that's required. Now you just have to convince the hearing officer/judge.

For reference:


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) 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.

[SUP]https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH[/SUP]
 

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