Police Officer Preparation & Law Enforcement Resource - Archive

I’m posting this thread if effort to better understand this particular citation as was recentlyissued to myself as well as my girlfriend. I do not dispute the actions we took to cross a multi-lane roadway outside of a designated pedestrian crosswalk. Mind it was past midnight and there were literally no cars coming from either direction when we cross. As prudent adults, we would not have risked playing “Frogger-style” with traffic at night. I honestly did not see a posted no ped crossing signs on the side of the road we initially crossed, but I know that is not an excuse. The issue lies with the fact that as pedestrians we received a violation to be classified as if we were drving a motor-vehicle and/or say a bicycle. We were pedestrians and the citation makes that clear on the write-up. The officers were polite and to the point and did go to the length to give a reasonable explaination as to whythey were issuing the citations in regards to the community’s overall safety. We did not argue or dispute their judgement at the scene. We were told the citation was a “glorified parking ticket." However, upon returning home and doing some research I came across a similar violation of 21461.5 which is specific to pedestrians who violate the same infraction. The 21461.5 is a bit lesser of a fine, but more importantly it does not carry a point to be reported to the DMV which will surely increase future insurance premuims as well as carry a blemish on my otherwise perfect driving record. I have no issue paying the fine, but I’d like to know your thoughts as to whether or not if we contest in court that we were improperly cited for a “heavier" violation of the 21461(a) when it clearly should have been 21461.5. Any feedback would be highly appreciated.

Please be mindful that you post your questions in the appropriate area, the Writer's Questions sub-forum is for (as one could guess) questions related to writing a book, screenplay, etc. Also, if you're going to ask a questions about a particular violation of code, please give us the state you're referring to (there are 50 different state laws within the U.S.).

Moved to Ask-a-Cop.

Closed....please ask only once....you did in ask a cop!