| someguyincanada |
| I was on 119th Ave making a left hand turn onto 32nd Ave when I saw the person waiting to cross. I made a motion with my hand to let him know that I saw him and was waiting for him to cross. The person looked at me and shook his head and continued to stand there. I then proceeded into the intersection when he started to cross the street. There was no markings on the road to indicate a crosswalk nor was there a sign or lights. The police officer stopped me on 118th and 47th street and gave me the ticket The ticket was issuesed around 215 in the afternoon |
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| rythex |
I dunno, I hate bs tickets like that. Some police officer tried to tell me I turned left on a red light and I kept telling her she was mistaken then she let me off. (it was a solid green and I was in the intersection waiting for peds to cross0
It's best to try to resolve those tickets with the officer right there. (in a calm and respectful manner) :P
edit: unless you're leaving something out and almost hit the pedestrian and stopped before you hit him. :P |
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| SilverNeonRacer |
You can try and fight it.. explain to the jp or whatever what you did here, if you yielded to the ped and he declined, then you started to go and he started right after you.. well.... dunno...
Not to mention you where pulled over almost 8 blocks away. |
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| someguyincanada |
| if i take pictures of where it happened do you think the jp will be lenient? |
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| icydude |
| just dont wait until the ticket date to do something about it. if you try and do something ealrier you have a better chance of getting off. |
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| someguyincanada |
| like how early? |
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| rythex |
Where was the guy "waiting to cross" ? And was he already walking in the intersection and did you start making the turn when you motioned that you saw him? After reading this I get the impression you were going for the turn, noticed the ped walk into the intersection, you stopped and motioned him to keep walking..
Correct me if I'm wrong ;p |
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| TrevorK |
| Remember, you are supposed to yield to pedestrian's regardless of whether it is a crosswalk or not. |
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| morningla |
are you saying we are suppose to stop when you pedestrian are getting ready to jaywalk in the middle of the road?
you'll get rear ended for sure, and the pedstrian will be long gone. |
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| SilverNeonRacer |
quote:
Originally posted by morningla
are you saying we are suppose to stop when you pedestrian are getting ready to jaywalk in the middle of the road?
you'll get rear ended for sure, and the pedstrian will be long gone.
Yup... I was involved once in a TA, where the ped ran out in front of my car, jaywalking and all.... The cop said pedestrians have the right of way everywhere... Try using that one next time a cop tries to give you a jay walking ticket. In my situation witht he circumstances it'll probably be 50/50 fault, but unless the ped leaves a note or says "yup I did it intentionally" a ped will never be 100% at fault. |
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| beatshack |
| ^ He's right. Even if a pedestrian wearing 100% black at night jumps in front of your car at a non-cross walk, the pedestrian isn't at fault. Great justice we have here! (in Toronto its walk at your own risk). |
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| Wolfdio |
yeah, i fully agree.
its easier to stop a 3mph walk than it is to stop a 50km/h 2500lbs car.
its easier to see a car than a pedestrian (day or night)
Don't get in the way of something bigger and faster than you - rule of natural selection |
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| SilverNeonRacer |
quote:
Originally posted by Wolfdio
yeah, i fully agree.
its easier to stop a 3mph walk than it is to stop a 50km/h 2500lbs car.
its easier to see a car than a pedestrian (day or night)
Don't get in the way of something bigger and faster than you - rule of natural selection
Thats why all those people in mid sized and smaller cars think twice before pulling out in front of me :D My car looks bigger than it is. |
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| 86lx |
quote:
Originally posted by morningla
are you saying we are suppose to stop when you pedestrian are getting ready to jaywalk in the middle of the road?
you'll get rear ended for sure, and the pedstrian will be long gone.
According to the Use Of Highway & Rules Of Road Regs Section 9.42 Yielding to Pedestrians.
quote:
Yielding to pedestrians
41(1) A person driving a vehicle shall yield the right of way to a pedestrian crossing the roadway within a crosswalk.
(2) Where a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, a person driving any other vehicle that is approaching the stopped vehicle from the rear shall not overtake and pass the stopped vehicle.
(3) At any place on a roadway other than at a crosswalk, a person driving a vehicle has the right of way over pedestrians unless otherwise directed by a peace officer or a traffic control device.
(4) Nothing in subsection (3) relieves a person driving a vehicle from the duty of exercising due care for the safety of pedestrians.
In a crosswalk the peds have the right of way, outside, you must excercise due care. Meaning if he steps out in front of you and you can stop, don't run the ped over. As for getting rear ended, the guy behind you is the one at fault for following to close. |
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| TrevorK |
quote:
Originally posted by 86lx
According to the Use Of Highway & Rules Of Road Regs Section 9.42 Yielding to Pedestrians.
Those would not take into account local bylaws, which is what we have in this case (I believe what you quoted is provincial). |
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| someguyincanada |
| I was at a complete stop, saw him, motioned that I wanted him to walk, he looked at me and shook his head and continued to stand there. I then proceeded into the intersection at which point he started to cross the road |
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| SilverNeonRacer |
quote:
Originally posted by someguyincanada
I was at a complete stop, saw him, motioned that I wanted him to walk, he looked at me and shook his head and continued to stand there. I then proceeded into the intersection at which point he started to cross the road
Sure it wasn't an undercover cop setting you up :D |
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| 86lx |
quote:
Originally posted by TrevorK
Those would not take into account local bylaws, which is what we have in this case (I believe what you quoted is provincial).
Well I checked the City of Edmonton bylaws. #401 Jaywalking basically echos what the provincial law states. Peds can't cross other than at a crosswalk, but drivers must exercise due care. What the bylaw does add, is you can jaywalk on Rice Howard way, providing you yeild the right of way to cars, and that you can't cross a street against a light if you are in a crosswalk.
If your community provides a blanket "peds have a complete right of way even when jaywalking" bylaw I would like to see it. I'd be willing to bet it would not stand up in a court if it circumvented the provincial law, giving the pedestrian more rights than can be expected under the provincial law.
This is no swipe against Jimbo, as he has proven himself to be a great resource about the laws, but just because a police officer says this is the law does not make it so. |
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| TrevorK |
quote:
Originally posted by 86lx
Well I checked the City of Edmonton bylaws. #401 Jaywalking basically echos what the provincial law states. Peds can't cross other than at a crosswalk, but drivers must exercise due care. What the bylaw does add, is you can jaywalk on Rice Howard way, providing you yeild the right of way to cars, and that you can't cross a street against a light if you are in a crosswalk.
If your community provides a blanket "peds have a complete right of way even when jaywalking" bylaw I would like to see it. I'd be willing to bet it would not stand up in a court if it circumvented the provincial law, giving the pedestrian more rights than can be expected under the provincial law.
This is no swipe against Jimbo, as he has proven himself to be a great resource about the laws, but just because a police officer says this is the law does not make it so.
You missed the key point:
The driver of a vehicle is not relieved from exercising due care.
Which basically states he can't just mow you down if you're jaywalking. |
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| SilverNeonRacer |
quote:
Originally posted by TrevorK
You missed the key point:
The driver of a vehicle is not relieved from exercising due care.
Which basically states he can't just mow you down if you're jaywalking.
AKA no matter what if you hit a peddy, unless they leave a note or confess to jumpping in your path.. your fucked |
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| rythex |
quote:
Originally posted by SilverNeonRacer
AKA no matter what if you hit a peddy, unless they leave a note or confess to jumpping in your path.. your fucked
:rolleyes:
Again probably not. if you're in the middle of yellow head and some guy jumps in front of you and there are no witnesses and they see a huge pool of blood in the middle lane, most likely the pedestrian was asking for it.
I doubt you'll be held responsible unless they find you were drinking or driving at excessive speeds. |
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| snugs |
i think you're probably going to have to take this one to trial.
Things to do:
-Write out everything that happened, location, time of day, weather conditions, traffic conditions, where the pedestrian was, where you were pulled over, where the officer was when they witnessed the event, did the ped step out once you occupying the crosswalk, everything. This is going to be very important.
-Consider pleading Misadventure, since you say you took all due care but it may have appeared like you committed the crime to the officer.
-If you didn't see the officer when you were turning, its going to be important to establish where he was when he witnessed the event, he probably didn't see the ped wave you through, and may not have even seen you stop for the ped in the first place. If you can establish that then you can question the officer's interpretation of the situation.
Good luck. |
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| n0c7 |
quote:
Originally posted by beatshack
^ He's right. Even if a pedestrian wearing 100% black at night jumps in front of your car at a non-cross walk, the pedestrian isn't at fault. Great justice we have here! (in Toronto its walk at your own risk).
If some idjit jaywalked in front of me and something happened I would go with:
(3) At any place on a roadway other than at a crosswalk, a person driving a vehicle has the right of way over pedestrians unless otherwise directed by a peace officer or a traffic control device. |
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| HeavyEarly87T |
[rant]I think that peddy's as we are calling them today, have too many rights now. All Peddy / car accidents should be 50/50 fault unless proof can be shown as to negligence by EITHER party.
EG.
*Dumbass jumps into street and gets hit by law abiding driver; he is to blame
*Dumbass fails to yield for law abiding peddy; he is to blame
*Drunk peddy falls in path of drunk driver while J-walking; both are to blame. No winner!
Peddy J-walks = ticket
Drive fails to yield = ticket
[/rant]
I wish you the best of luck with this and agree that you will have to get the officer to say/prove exactly how you failed to stop for this person.
Buy cars and keep those pesky peddy's off our streets!
;) |
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| someguyincanada |
| Got a letter in the mail that the charges would be dismissed..... I was like :blink: then :D $575 stays in my pocket yay |
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| rythex |
| Congrats. Did it say why they were dropped? |
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| someguyincanada |
this is what the letter says
Dear Sir/Madam
Re Traffic Charges against you
Section 41 (1)
trial date: date and time of trial
This is to confirm that the above noted charges will be withdrawn against you. If you have other charges for the same date and time you will be required to attend. If you do not, your attendence is not required.
PLease note that the only charges being withdrawn are specifically indicated in the captioned portion of this letter, on any other matters you have scheduled for trial the Crown will be prepared to proceed.
If you have any questions. please contact this office.
Thank you
Yours truly
Traffic Duty Prosecutor
MP/ps |
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