Header

Forum Left Top
Welcome to the LawInfo’s Legal Forums
By joining us today you can participate in our active and growing community. You will first need to register in order to participate in the discussion boards, using a login name and password. Click here to be directed to the registration page.

Lawinfo Home >> Click Here For Exclusive Statewide Sponsorship


Reply
 
Thread Tools Display Modes
  #1  
Old 12-05-2006, 05:23 PM
ChrisB1988
Guest
 
Posts: n/a
Default I got a ticket, and I plan on fighting it..

I got pulled over after school, the cop was in the lane to the left of me, I was on the outside lane of a two lane road. Getting to the crosswalk the kids we're 5 feet from the road, and not ready to cross yet. I kept going while about 2 seconds afterwards the cop stopped and let the students cross, 30 seconds later she pulls me over, and wants to give me a ticket FOR this..

Not Yielding to a Pedestrian "IN" Crosswalk.

Stature #
316.122 Vehicle turning left.--The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

OBVIOUSLY this is the INCORRECT stature that she wrote on the ticket!!

The one that she SHOULD have but DID NOT write is this,

316.130 Pedestrian obedience to traffic control devices and traffic regulations.--

(7) When traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

NOW with this even being, even if she had wrote this down, the students we're not ready to cross, nor had the begun to cross, and I have TWO witnesses to say so on my behalf. I can also prove that her vision must have been distorted from the position of har car on the round-about.

Should I fight this guys!?

It's a $115.50 ticket and she said 3 points on my licenses! I cannot take this big of a blow right now, and I think I have the chance in court, Opinions?
Reply With Quote
  #2  
Old 12-05-2006, 09:34 PM
moderator moderator is offline
Moderator
 
Join Date: Sep 2006
Posts: 15,249
Default

You could always talk to the police officer and see if she would drop it down to a no point violation if you do not win in court, or hope that she doesn't show up. Good luck to you in court.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Forum Right Top
Forum Left Bottom Forum Right Bottom
 
Right Left
Member Login
Forgot password?

Not a member? Click Here to Register.
Forum LeftForum Right


Attorney Search
1. Choose an Area Of Law


2. Choose Your Location

   

 

Forum LeftForum Right


Most Popular Forums:
Immigration
(Federal)
 5829
Texas
(Family Law)
 5503
California
(Business and Corporation)
 2748
California
(Family Law)
 2675
California
(Labor and Employment)
 2039
Forum LeftForum Right


Forum Statistics:
Forum Members: 56,278
Total Threads: 29,459
Total Posts: 67,310
There are 51 users
currently browsing forums.
Forum LeftForum Right
Right Right
Right Bottom Left Right Bottom Right