Jaywalking Charges in Downtown L.A.
My question involves traffic court in the State of: CA
Last summer (2011) In downtown LA I received a citation for walking across the road when the pedestrian crossing said "do not walk."
There was no traffic coming and my car was on a meter. An office on a motor bike came after me and issued the citation.
I didn't imagine it was going to be a big deal.
I have a NY license and I couldn't attend the traffic court so chose to post pone.
I'd just pay but the ticket turns out to be $194 + $10 fee!
So my arraignment is for next week July 12/2012 - is there any ground I can fight it on other than there is nothing posted to say crossing on a red light
is punishable with a fine the way tow away zones are posted?
btw what is an arraignment? Is that different to regular traffic court?
thanks
Re: Jaywalking Charges in Downtown L.A.
If your question is, "Does jaywalking become legal if there are no cars around," the answer is "no".
If your question is, "Even though jaywalking is illegal, can you get out of a jaywalking charge by claiming that there wasn't also a sign at the location in which you jaywalked reminding you of the law," the answer is "no".
Read this.
Re: Jaywalking Charges in Downtown L.A.
Many large cities aggressively enforce "no kill" zones due to traffic dangers.
Re: Jaywalking Charges in Downtown L.A.
The flashing red "DON'T WALK" sign would seem to counter your "there is no sign" argument. Even without a sign, ignorance of the law is not an excuse. There is not a sign in front of every bank saying, "Robbing this bank is punishable by X years in Federal Prison" either. The only hope you might have (and it is far from a sure thing) is if the officer cited you for the wrong code section. If you were cited for:
21456 CVC – Walk, Wait, or Don’t Walk - Whenever a pedestrian control signal showing the words "WALK" or "WAIT" or "DONT WALK" or other approved symbol is in place, the signal shall indicate as follows:
(a) "WALK" or approved "Walking Person" symbol. A pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.
(b) Flashing or steady "DONT WALK" or "WAIT" or approved "Upraised Hand" symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the "WAIT" or "DONT WALK" or approved "Upraised Hand" symbol is showing.
You are sunk. However, if you were erroneously cited for either:
21954(a) CVC – Pedestrians Outside Crosswalk - Every pedestrian upon 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 so near as to constitute an immediate hazard. (b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.
or
21955 CVC – Crossing Between Controlled Intersections - Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.
You may have a chance at having it dismissed based on the code cited for not matching your violation. If you were cited for a local ordinance, who knows.
I'm admit to being a little confused about why having a NY license prevented you from going to court, however.