How can I fight a failure to yield to a pedestrian citation?

Question

After dropping my sister off at school one morning I proceeded at a speed less than 25 MPH down the street. The street is very wide as it accomodates a lane each way a center turn lane and plenty of room on the side of the street for parking. I was heading south on the street and when I approached the crosswalk i slowed and looked for pedestrians. I did not see anyone near the crosswalk so I continued. The school police officer pulled me over about 2 minutes later and asked if I saw someone crossing the street. I said no I did not. And he asked if I was paying attention and I said that I was not paying any extra attention than normal but I did not remember seeing anyone. If he was correct and someone was crossing the street than they would have been on the opposite side of the street and there is no possible way that I could have hit them even if they ran. He gave me the ticket anyways and the bail amount is more than I had to pay for a speeding ticket I got a year ago for going 80 in a 55. I need to know what I should plead in court and what are my chances of getting the ticket dismissed?

Answer 1

First, go read the exact law that you are alleged to have violated.  Find it in the law library at your local court house.  See if what he said you did makes you guilty.  Cops are often wrong on the law.  Even if he was right, you still have the option of pleading not guilty and setting a trial.  You an defend by testifying you are certain no one was in the cross walk and that the passage of 2 minutes allows for the possibility that the cop lost track of the car and ticketed the wrong driver.  Ask, for instance, if he noted the license plate of the car at the time of the violation.  Ask if he had other duties in that 2 minutes, such as safely driving, that caused him to stop looking at the car from time to time.

Answer 2

I would plead not guilty.  It's not like you hit anyone.  Further more what type of school was it?  Ain't there supposed to be cross walk ladies?

Answer 3

Pedestrians ALWAYS have the right of way, even if they only have 1 foot in the street-especially in a school zone.

The chances are not good

Answer 4

Your chances are always good in getting it dismissed with the help of a public defender and even though it's obviously a misdeamnor doesn't mean you should have to accept it.  I would fight it all the way and believe it or not but sometimes the judges will go pretty easy on you if you are sincere and extremely truthful they will actually lower the fine or maybe even dismiss it if you do some classes or something.  Check out your options and whatever you do don't hire a private attorney because they will just charge you 4 times more than if you got a Public Defender appointed to you for free.