Failure to Yield on a Scooter

**///M** · 10-06-2009, 07:26 AM

My question involves a traffic ticket from the state of: Georgia, City/county Athens Clark County.

So i am late to class and i am in a hurry i am going down a one way street (small outlet street that is inbetween two builldings) and it turns on to a main university road. There is one left hand turn lane, and a right hand turn lane. The officers were sitting stopped in the left hand turn lane. I pull up in the right hand turn lane there is a car in front of me, it takes a right turn then i pull forward into the cross walk to take my right hand turn, look left , then am about to go and someone had walked out right in front of me. I waited till they past me, (but they were not all the way to the other side) and turned right, got pulled over and now i am on here. All this was on my 50cc peace sports scooter.

I was wondering what would be the best way to go about fighting this.

My reasoning:
-I was already in the crosswalk about to turn right, and the pedestrian walked in front of me.

Thanks for any Help

**///M** · 10-06-2009, 05:12 PM

-so He was in violation of the Failure to yield law.

**That Guy** · 10-06-2009, 06:28 PM

What statute were you cited for? (Number and/or description from the citation)

**///M** · 10-06-2009, 06:35 PM

40-6-91(a)

and the description on the citation is "Failure to Yield to a Pedestrian"

**That Guy** · 10-06-2009, 09:35 PM

Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-91
(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross 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 and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic in one direction of travel.

(b) 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 that it is impractical for the driver to yield.

(c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92.

Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-92

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.

Now, judging by what you posted... "then i pull forward into the cross walk to take my right hand turn", your analogy is "you were already in the cross walk, therefore, the pedestrian should have yielded to you".

Fact of the matter, and considering the fact that you failed to stop at or before the limit line (which marked the cross walk), to allow yourself the opportunity to check for pedestrians and cross traffic... That, in and of itself is a violation. But that is not what you were cited for. I think the officer would have been more correct to cite you for failing to make a legal stop (whether this was a stop sign controlled intersection OR a traffic light controlled intersection).

On the other hand, if the officer does testify that if you had stopped at the limit line, and by the time you would have checked cross traffic before you proceeded forward, the pedestrian would have been in the crosswalk, then your argument that the pedestrian failed to yield to you might not fly with the court.

It all depends on how the officer will testify.

Just my opinion... Others may disagree.

jk · 10-06-2009, 09:50 PM

I don't follow "that guys" justification at all. It appears you did not wait until the pedestrian had completely crossed the roadway before continuing. I don't really see a defense to the ticket.

**///M** · 10-07-2009, 05:50 AM

well i stopped at the stop sign, looked left, and started to turn right and then he stepped out in front of me So i had to stop quickly and avoid .

and i waited till he was out of "my half" of the roadway

**That Guy** · 10-07-2009, 09:37 AM

Quoting ///M

well i stopped at the stop sign

According to what you said earlier, you stopped in the crosswalk.

Quoting ///M

well i stopped at the stop sign, looked left, and started to turn right and then he stepped out in front of me So i had to stop quickly and avoid .

See? You looked left, but you didn't look right. Had you done that, you would not have had to stop quickly and avoid. Therefore, you failed to yield.

Quoting ///M

and i waited till he was out of "my half" of the roadway

By that point, you had already committed the violation of "failing to yield"... You almost hit him... and while you were only riding a 50cc vehicle, it is a "vehicle" nonetheless.