Tuesday, October 7, 2008

The Saga Continues.....

Today was my pretrial for my lame ticket. I showed up to court with all my evidence which included photos and a certain section from Utah Code that is VERY interesting. Utah Code Section 41-6a-1002(2) states: when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way by slowing down or stopping if necessary: (i) to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway upon which the vehicle is traveling
Ha! Guess what? Yep, the pedestrian wasn't on my half of the roadway, and it says to slow down or stop if necessary, but stopping is not required! So, not only was it completely impossible for me to see the pedestrian, (see earlier posts if you're lost) the effing law says I don't have to stop or even slow down unless the freakin' pedestrian is on my side of the road. Basically the ticket is bogus. There is not a law that would prove I was in the wrong. Anywho, I went to my pretrial which consisted of waiting around in court watching drug addicts and alcoholics trying to get out of their tickets, which some of them did! Finally, the prosecuter comes and gets me and takes me into his office. His job is to try and solve the matter without having to take it to trial. I show him everything, and he looks up the Code and says he's confused by what "when traffic control signals are not in place or not in operation" means. WTF?! You're a city prosecuter and you don't understand the law?! Are you effing kidding me! Seriously, is that sentence that hard to understand? You can't make that sentence anymore clear. (fyi - there are no traffic controls at that crosswalk, which is visibly clear in the photos I showed him) Then dipshit says he can reduce the ticket to an equipment violation which is equivalent to a broken tail light, it's $40. No thanks, I'll go to trial. After all the time and brain damage I've been through with this you think I'm gonna drop it and take an equipment violation! No way, especially now that I have the effing law that proves the ticket was completely unjustified. If anyone wants to come to my official full blown trial it is November 25 at 9:00 a.m. in North Salt Lake City building. On a side note: I was at the capitol today and there were some highway patrolmen there and my coworker decided to ask them about my situation. Guess what they said? Big suprise, they would have only been able to give the ticket if the pedestrian was in my half of the road. If I lose this never ending ridiculous battle I may go postal on their asses.

2 comments:

Julie Y. said...

Breathe!

I do hope you win. When I first read about this a few posts back, I seriously thought you were toast. I remember being told in drivers ed that the pedestrian always has the right away....

oh but I like your research with the traffic code!! Way to go girl! And all your photo's....you are on a mission!

Anyway, I got on your blog to say CONGRATULATIONS!! I'm so happy for your big news. I hope you'll be able to make it to Thanksgiving to show off the ring {you may be hung up in court though...??}

Take Care!!

Lisa said...

What a mess... Good luck!! I have my fingers crossed for you :)