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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > USA - NY / NJ / CT / PA > Failure to Yield



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      09-28-2012, 08:56 AM   #1
lexcalibur
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Failure to Yield

Any advice would be helpful. I received a "failure to yield to a pedestrian in crosswalk" ticket last night. I was making a left off of Steinway in Astoria to get onto Broadway. While turning, someone jumped out behind a car to cross the street maybe 10 feet from the crosswalk. I immediately hit the breaks and then saw flashing lights behind me. I had 2 people in the car and saw where the person crossing came from. is there a way I can fight the system?
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      09-28-2012, 09:18 AM   #2
arkitectonix
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I would suggest that you get a surveillance recordings from stores nearby of the person not walking on the designated crosswalk.
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      09-28-2012, 09:46 AM   #3
lexcalibur
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thanks, it didn't occur to me. i was hoping witness statements would fly, but then again they were in my car. i think there is a bank on that corner so there should be cameras. Do they usually allow people to make copies of the footage tho?
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      09-28-2012, 12:29 PM   #4
themyst
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You won't win that battle if it's your word against the PO. Regardless of where the pedestrian is crossing the street, you must yield to all pedestrians.

If you didn't have ample time to react (subjective) to the pedestrian which was not present during the time of your maneuver, and have video evidence of this fact, the judge may dismiss.

Stuff like this makes me want an in-dash surveillance system behind my rear mirror. I see more and more people doing it lately, so it may be worth doing the hard wire.
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      09-28-2012, 02:56 PM   #5
lexcalibur
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seriously, i want a go pro. i actually did stop when i saw the guy pop out =T
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      09-28-2012, 04:58 PM   #6
arkitectonix
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get a copy of the recording, you should be able to get a copy, it's not like they have anything to lose. Based on the recording, you can hope it'll sway in your favor.
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