ticket dispute question!please help!
 

so today i got pulled over for the first time and i ended up getting a ticket for 196$ mva 144b or something...i dont reallly care about the fine itself, but according to icbcs fines and penalties thing, i get 6 penalty points for this which means im getting my license suspended again! so the story goes...i was driving on the road with my girlfriend and i come across an intersection with a green light, but this old man was still crossing the street very slowly, so i slowed down and pretty much stopped till the old man was pretty much out of the way and so i could drive through, but he was still technically crossing the street but honestly he was no more than 1.5 -2 meters away from the sidewalk.so later cop pulled me over and told me a bunch of shit and later gave me this ticket.soo pretty much i was wondering if i had any chance disputing this ticket or atleast getting a lesser sentance, cuz i reallly really dont wanna lose my license again..anyone have any advice for possibly getting me out of this situation or possibly not getting suspended at all...thanks

First of all, if you've lost your licence before, this is highly unlikely your first time being pulled over.

The charge section would be Sec. 144(1)(b) MVA Drive without consideration.

It all depends on the circumstances of the event. If there is nothing more to the story than you wrote, you have a chance of defending against the ticket. If you had to brake very heavily, and/or accelerated hard away from the crosswalk, or all sorts of other possibilities, you could very well have earned the ticket.

What is it with people in this forum not knowing how to use punctuation? My head hurt halfway through that.

Sho brought up a good point though, how can this be the "first time ever" if you've lost your license before?
Posted via RS Mobile

AWESOME! :thumbsup:

And it isn't a sentence. A judge has not sentenced you to anything...Yet. It is just an offense or ticket.

PWNED LOL

I REALLY want to see the OP come back with a reply.

doG, I love this forum!

:Popcorn

just dispute it.

Don't ask if you should. Just do it.

It' almost like everyone on RS drive like f*cking IDIOTS, get pulled over, plead ignorance, then ask everyone else if they should dispute.

If you like driving like a badass WHEN NO ONE IS LOOKING, then don't whine about it here. Just dispute it.

GOD. IDIOTS.

On a side note to the OP: I've done that before too. WITH A COP WATCHING. I've NEVER been pulled over for that ONCE. You must've done something else to deserve it.

I was driving down Robson once, many years ago, and stopped for a bum who was stumbling across mid-block. He got past me and was halfway across the parking lane, so I started up again, and was immediately pulled over. Cop told me that while I wasn't required to stop for the guy in the first place (since he wasn't in a marked crosswalk or anywhere near an intersection), once I had stopped, I was required to wait until he reached the sidewalk. :facepalm:

Then he let me go with just a warning. :thumbsup:

maybe that's what it is. I usually go when they're like, a step or 2 from the curb. However, never been stopped before. So I don't know? =)

Rights of way between vehicle and pedestrian
179 (1) Subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger.

(2) A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.
(3) If a vehicle is slowing down or stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, the driver of a vehicle approaching from the rear must not overtake and pass the vehicle that is slowing down or stopped.

(4) A pedestrian, cyclist or the driver of a motor vehicle must obey the instructions of an adult school crossing guard and of a school student acting as a member of a traffic patrol where the guards or students are

(a) provided under the School Act,

(b) authorized by the chief of police of the municipality as defined in section 36 (1), or

(c) if located on treaty lands, authorized by the chief of the police force responsible for policing the treaty lands.

Crossing at other than crosswalk
180 When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle.

Duty of driver
181 Despite sections 178, 179 and 180, a driver of a vehicle must

(a) exercise due care to avoid colliding with a pedestrian who is on the highway,(b) give warning by sounding the horn of the vehicle when necessary, and

(c) observe proper precaution on observing a child or apparently confused or incapacitated person on the highway.

Pedestrian walking along highway
182 (1) If there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrian must not walk on a roadway.

(2) If there is no sidewalk, a pedestrian walking along or on a highway must walk only on the extreme left side of the roadway or the shoulder of the highway, facing traffic approaching from the opposite direction.

(3) A person must not be on a roadway to solicit a ride, employment or business from an occupant of a vehicle.

(4) Except for a person who solicits a ride in an emergency situation, a person who contravenes this section commits an offence.

^ Question,

If there is a crosswalk, but the red hand is still up and the pedestrian starts to cross...
What is the correct course of action?

Avoid the pedestrian.

It is always avoid hitting the pedestrian.

But if you're looking for who has right of way (say you are trying to turn left), you will have right of way as the driver turning left.

This was on my driving test. You have to wait till the pedestrian is out of the direction of the street you wish to drive on. Ie on Oak, if the pedestrian is crossing the 6 lanes, 3 each direction, you must wait till the pedestrain is noloner in any of the 3 lanes in the direction you're going. So either the pedestrian has to be on the sidewalk, or have made it across the centre line.

I always wondered why Vancouverites waited so long to turn right when there was a pedestrian - it is because it is the law. I rarely wait, yet didn't know it was a 6 point ticket. Yikes! :(

Probably because failing to yield to a pedestrian isn't a 6 point ticket....