Legal Question in Traffic Law in California

Hello - I'm in California. I was driving through an intersection at the 30mph speed limit and there was a vehicle behind me. I saw a pedestrian begin walking in the crosswalk as I was almost through the intersection and about to drive through the crosswalk. I was stopped for violation of CVC 21950(a). I informed the officer that since I was already in the intersection I didn't stop because the pedestrian didn't start crossing until then and that that was when I saw him.

I knew this was a set-up, so I drove by the location an hour later. I found the same "pedestrian" waiting until cars were approaching at which time he would begin crossing the road. At times, he would stop in the middle of the crosswalk to let cars pass as well. I saw 7 vehicles pulled over by different officers in the 20 minutes I was there.

Would this constitute entrapment? And in my situation, isn't the "pedestrian" in violation of CVC 21950(b) since he was purposely setting up the situation, not taking due care and purposely interrupting the flow of traffic? Could my traffic violation be overturned in the court of law? Thank you.


Asked on 3/01/12, 11:51 am

1 Answer from Attorneys

Andrew Roberts Roberts Law Group

You got caught in a sting operation. You can fight this ticket. I would suggest the use of an attorney.

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Answered on 3/01/12, 11:59 am


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