I received a ticket today for failing to yield to a pedestrian in a crosswalk (right after a day and a half of performing jury duty). For this I am guilty; however, in my defense the pedestrian had to cross four lanes before reaching the lane I was turning to the right onto, and she had only crossed the first lane. But regardless, I did not yield right of way.
My real question is in regards to the code I am being charged under, 10.01.070. The code states on the ticket the following:
10.01.070 Driving Through Safety Zone Prohibited
(police note: FTY to a ped in crosswalk)
A safety zone is defined by the city of Olathe, KS as follows:
SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
They further define the Code 10.01.070:
10.01.070 Driving Through Safety Zone Prohibited. No vehicle shall at any time be driven
through or within a safety zone. (Ord. 01-89 § 2, 2001.)
So based on my violation of code 10.01.070, am I to assume that I, or anyone, are never able to drive over a crosswalk regardless of if a pedestrian is there or not in the city of Olathe?
Is this traffic ticket one I could potentially fight and win in traffic court due to being ticketed for the wrong code/violation, or can an officer of the law interpret the code in a manner that they feel meets the violation?
My real question is in regards to the code I am being charged under, 10.01.070. The code states on the ticket the following:
10.01.070 Driving Through Safety Zone Prohibited
(police note: FTY to a ped in crosswalk)
A safety zone is defined by the city of Olathe, KS as follows:
SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
They further define the Code 10.01.070:
10.01.070 Driving Through Safety Zone Prohibited. No vehicle shall at any time be driven
through or within a safety zone. (Ord. 01-89 § 2, 2001.)
So based on my violation of code 10.01.070, am I to assume that I, or anyone, are never able to drive over a crosswalk regardless of if a pedestrian is there or not in the city of Olathe?
Is this traffic ticket one I could potentially fight and win in traffic court due to being ticketed for the wrong code/violation, or can an officer of the law interpret the code in a manner that they feel meets the violation?
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