Fail To Yield To Pedestrian, Sec. 140(1)(a)

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Joined: Sun Mar 17, 2013 2:33 pm

Fail To Yield To Pedestrian, Sec. 140(1)(a)

by: moshwing on

Hello Folks,

Not very experienced with fighting tickets and court processes, matter of fact it is my first offence [License >10 years] and I'm looking for some serious advise, if anyone can help.

Situation: I was turning right on a street with a pedestrian approaching the crosswalk, the pedestrian hesitated as she saw my car crossing her path to turn right, the pedestrian has not stepped on the crosswalk (physically could not as my car was in her bath).

The cop pulled me over a short distance after stating that I 'Failed to Yield to a Pedestrian', and that the pedestrian hesitated to cross and thus I am charged under sec. 140(1)(a). He also stated that he has a video footage of the event.

[140. (1) Subject to subsection (2), when a pedestrian or a person in a wheelchair crossing a roadway within a pedestrian crossover,

(a) is upon the half of the roadway upon which a vehicle or street car is travelling]

My question is

A) Is this a valid offence considering the situation as per the section I was charged?

B) What would be an expected/potential outcome if I was to fight this , what would be the best option?

C) How bad will this reflect on insurance if I was to either lose my case, fail to respond in 15 days etc.

Your input would be greatly appreciated, and I thank you for your time

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by: HPTO on

As long as they have not stepped off the curb you should be ok. If you look at sec 140(4) which is Pedestrian Fail to Yield at Crossover, the pedestrian must yield to a vehicle if its close. Ask for video as part of the disclosure if you want a trial. You could also choose option 2 and review the officers notes and see what it says pertaining to the ped stepping off the sidewalk. I don't see why you couldn't fight this.

How is it everyone else's fault YOU comitted an offence?
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