VC 21955
Jaywalking is contained in Vehicle Code section 21955, which provides: "Crossing Between Controlled Intersections - 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."
Two Methods to Dispute the Ticket
One method to dispute a jaywalking ticket is to establish that the traffic signals were not functioning at the time that the officer issued the ticket and a police officer was not controlling the intersection. It is only a violation of the statute if the officer can establish that the intersections were controlled by a traffic signal device or a police officer. A person who crosses the roadway where the signal is not working and an officer was not controlling the intersection has not violated the statute. (See, Brown v. Regan (1938) 10 Cal.2d 519, where the court held that traffic could not be deemed "controlled" by signals where there was no evidence that the signals were in operation.
A second method to dispute this ticket is to show that the crossing did not occur between intersections controlled by a traffic signal if these facts match your case. For example, in People v. Blazina (1976) 55 Cal.App. Supp. 3d 35, the defendant acknowledged he crossed Cahuenga Boulevard and he was not at the intersection or in a crosswalk, but he pointed out that there was an alley between the crossing signals, thus, where he crossed was not an adjacent intersection controlled by a traffic signal and the Appellate Court agreed. The court explained that under section 110 of the Vehicle Code, an alley is a "highway" and, inasmuch as section 365 of the Vehicle Code defines an "intersection" as two highways joining each other at approximately right angles, the alley and Cahuenga Boulevard do comprise an "intersection." As the latter intersection has not been established by the People to be "controlled," defendant has not violated section 21955."
Jaywalking in violation of Vehicle Code section 21955 is an infraction in California. The penalty can only be a fine, not jail time as with misdemeanor or felony charges.
You can hire a traffic ticket lawyer to defend you in court for this charge, but the cost of hiring the attorney will likely exceed the cost of paying the fine.
But, if you go to court, it is possible that the officer will not be in court, in which case, the ticket could be dismissed.
You can also contest this ticket by using a written declaration as stamped on the back of the ticket and if the officer does not respond to your written declaration, the court may dismiss the ticket. If you lose the case by written declaration, you can request a trial de novo - a court trial, but this must be done quickly. Check California Supreme Court website under self- help for traffic tickets to find additional information.
Cost of a Jaywalking ticket
Violations of the right of way are found in Vehicle Code section 42001.18 and are punished as follows:
(a) For the first infraction, by a fine of two hundred twenty dollars ($220).
(b) For a second infraction for a violation of Section 21971 occurring within one year of a prior violation of that section that resulted in a conviction, by a fine of three hundred twenty dollars ($320).
(c) For a third or any subsequent infraction for a violation of Section 21971 occurring within one year of two or more prior infractions of violating that section that resulted in convictions by a fine of three hundred seventy dollars ($370)
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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Last update, 8-10-2016
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