I was ticketed for jay-walking in downtown LA. However, the incident seems wrong for several reasons. I started walking while the "stop hand" was blinking, (which I know is still illegal) but the officer said I started while it was solid. This is what he wrote on my ticket even though that's not what I did. Also, he didn't look at any ID from me at all. I could have said I was anyone. He also spelled my last name wrong on the ticket even though I spelled it for him. It says "Katie Wallen" when really my name is "Kathryn Wallin." He harrassed me for not having my school ID, telling me the ID says on the back that I'm required to have it at all times. It says nothing of the sort. What should I do? Can I contest the ticket on these terms?
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Jay walking ticket
- Thread Starter xynquerah
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CdwJava
Moderator
I doubt it was for jaywalking - that's rare. What was the specific code section (numbers) you were cited for?
No difference in the offense - solid or flashing can result in the same citation ... depending on the section you were cited for.
You can contest the ticket for any reason you choose. However, none of the things you mentioned negate the charge unless he cited you for the wrong section ... hence the reason I am asking you to post the actual code number. Your lack of school ID or even the 'familiar' spelling of your name is not relevant to the elements of the offense.
- Carl
CdwJava
Moderator
Actually, not so much of the fine goes to the county ... it goes largely to the court and the state.
Yep ...
21456. 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.
This is as I suspected.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.
As a note, that's not "jaywalking". Don't worry, a lot of people refer to any street crossing violation as "jaywalking." This is the section commonly used for jaywalking:
21955. 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.
It's hard to use since it requires two adjacent controlled intersections (using signal lights). In my city there is no place that we can cite this section unless we are doing traffic control. When I worked in a much larger city (over 150,000 people) we had only four blocks in the whole city where this could be cited.signal devices or by police officers, pedestrians shall not cross
the roadway at any place except in a crosswalk.
What it means is that you attend court for trial hoping the officer does not show. If the officer fails to show, then you can make a motion to have the matter dismissed for a lack of prosecution ... though, usually the court dismisses it out of hand in that case.
If you were cited into traffic court, you will have to show first for the arraignment (where you plead 'guilty' or 'not guilty') and then for trial which will be scheduled at the arraignment. The officer does not have to be there at the arraignment.
If you have been cited into juvenile court or referred to juvenile probation, you will have to wait until contact with them to find out the specific process.
- Carl
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