Failure To Yeild To A Pedestrian, But I Was Stopped.
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for the light and decided it would be safe for me to continue through the light to make the right turn, but when i entered the intersection i realized that i wasn't able to see south bound traffic due to a cement truck blocking my view, so from where i was i waited for the green light.
When the light turned green one of the two pedestrians entered the intersection, walked across the road, and reached the other side of the roadway. during that time, the other pedestrian had not yet moved from his initial spot. i inched forwarded at most about a foot, and the officer walked in front of my vehicle (still in the intersection) and asked me if i had seen the pedestrian. i said yes, that he still hasn't moved. the officer said, "ok i'm going to speak with you. let the pedestrian cross now, then pull over to the side of the road." at this time he called out to the second pedestrian and asked him to walk a cross the road now.
My issue is this, in the officers notes he says i made the turn going 5-10 km/hour cutting off the pedestrian making him jump back from the curb. which didn't happen, he also makes very clear mistakes on how much of the roadway was blocked by construction. because there was enough room for my car to pull in, but in his notes he says it was only the bike lane. This is important because i had to make a wide turn to get past the pylons.
I've been looking to see if there were any distinctions between cross walks and cross overs. Because he charged me with 140 (1) A: failure to yield to a pedestrian at a cross over.
Pedestrian crossover
Duties of driver
140. (1) When a pedestrian is crossing on the roadway within a pedestrian crossover, the driver of a vehicle approaching the crossover,
(a) shall stop before entering the crossover;
(b) shall not overtake another vehicle already stopped at the crossover; and
(c) shall not proceed into the crossover until the pedestrian is no longer on the roadway. 2015, c. 14, s. 39 (1).
(2) Repealed: 2015, c. 14, s. 39 (1).
Can anyone shed light on this situation? i have no witnesses or any other evidence other than google maps pictures of the scene that shows the street and nothing more.
Also noticed that under,
144.
(7) When under this section a driver is permitted to proceed, the driver shall yield the right of way to pedestrians lawfully within a crosswalk. R.S.O. 1990, c. H.8, s. 144
Makes a distinction between cross over and cross walk.