6.623 — CROSSWALK VIOLATION: FAILURE TO YIELD TO PEDESTRIANS

Violations of "Statute 6.623" results in an Infraction with a fine of $250

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(a) Definitions

Crosswalk Violation refers to the failure of a driver to yield the right of way to pedestrians who are either approaching or attempting to cross the roadway within a designated crosswalk. This offense occurs when a vehicle does not stop, slow down, or make the necessary adjustments to allow pedestrians to safely cross a street, as required by law.

(b) Elements

To establish the offense of crosswalk violation, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was operating a vehicle on a roadway that intersects with a designated crosswalk.

2. A pedestrian was either approaching or attempting to cross the street at the crosswalk, and their presence was clearly indicated.

3. The defendant did not yield the right of way to the pedestrian, either by failing to stop, slow down, or give proper space to allow the pedestrian to cross safely.

4. The pedestrian was within or near the crosswalk at the time the vehicle was in close proximity, making it unsafe for the vehicle to proceed without yielding

(c) Defenses

Defenses against a charge of crosswalk violation may include:

1. Pedestrian Entered the Crosswalk Abruptly: The defendant may argue that the pedestrian entered the crosswalk unexpectedly or without sufficient warning, leaving the driver with inadequate time to react and yield.

2. Vehicle Breakdown or Emergency: The defendant may claim that their vehicle was unable to stop in time due to mechanical failure, or that an emergency required the vehicle to proceed without yielding.

3. Impaired Visibility: The defendant may argue that visibility was obscured due to weather conditions (rain, fog), construction, or other factors, and that it was not reasonable to expect them to yield.

4. Pedestrian Was Not in the Crosswalk: The defendant may assert that the pedestrian was not within the marked crosswalk or was jaywalking outside the designated area.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. Recklessness: The defendant’s actions were intentional or reckless, such as speeding or not taking proper precautions to yield when approaching a crosswalk, even when a pedestrian was clearly present.

2. Pedestrian Injury: The defendant's failure to yield resulted in harm or injury to the pedestrian, either directly through a collision or indirectly through unsafe maneuvering.

3. Repeat Offender: The defendant has a history of crosswalk violations or similar traffic offenses, indicating a pattern of disregard for pedestrian safety.

4. High Traffic Area: The crosswalk was located in a high-traffic or high-visibility area, and the defendant should have been particularly cautious due to the expected presence of pedestrians.