JAYWALKING - CALIFORNIA

What exactly is jaywalking? What is the monetary fine for jaywalking?

Origin of the word: Jaywalking is a compound word. "Jay" refers to a foolish rural
person who is unfamiliar with city ways.

Technically, jaywalking refers to a pedestrian who violates traffic regulations, particularly

when crossing a street or road.

Under California state law, a pedestrian may generally cross a roadway anywhere along
the road without jaywalking. But there are exceptions. Here are the main exceptions:

Exception #1:

Classic Jaywalking: If you are between two adjacent intersections that

are both controlled by "traffic control signal devices" (i.e. a traffic light),
then you, the pedestrian, must cross at the intersection. See California
Vehicle Code §21955.

Issue: What if a person walks only part way across the street? What is he or she does
not completely cross the street? Does this jaywalking statute apply and is there a
violation of the statute? Arguably no violation occurred. See sample trial brief /
points and authorities relating to this narrow issue.

Exception #2:

Local Law Traps: Local jurisdictions (cities, counties) may enact harsher
laws about jaywalking. See California Vehicle Code [CVC] §§21961 and 21106.

Typically, such local laws occur in high traffic business

districts. See case of Sehgal v. Knight (1967) 253 Cal. App. 2d 170.

Exception #3:

Failure to Yield: Pedestrians generally must yield right-of-way to vehicles

(which are near enough to constitute an immediate hazard) unless
crossing at marked or unmarked crosswalks. (CVC §21954).

Remember, a crosswalk is not even necessarily marked by two

white or yellow lines but can be unmarked. See CVC Section 275.

Exception #4:
 Failure to Obey Traffic Signal: Pedestrians must obey the instructions
on any official traffic signal unless necessary to avoid a collision or other
emergency. CVC §21462. Example: Violation of "don't walk" signals or
signs. CVC 21456(b).

The Outer Limits of Jaywalking Laws:

Long Distance Intersections: One might ask, “What if I’m standing half-way
between two adjacent intersections that are two miles apart. Do I have to walk
one mile in order to cross the road at the intersection to avoid breaking the
law? Technically, the answer is generally “Yes.”

Note: An attempt to limit the distance to one quarter of a mile failed to

pass in the California legislature.

Alleys: What if there’s an alley (without traffic signals) between the two signal
controlled intersections? An alley is a “roadway” and becomes the adjacent
intersection. Therefore, you may generally cross anywhere along that roadway
because the alley itself is not controlled by a traffic signal. See Vehicle Code §365
and §530. See also case of People v. Blazina (1976) 55 Cal. App. 3d Supp. 35.

Stop Signs: What if one or both adjacent intersections is controlled by a stop

sign? Case law dating back to 1940 [See Quinn v. Rosenfeld (1940) 15 Cal. 2d 486 "...'stop'
signs at the intersections...no[t] a 'traffic control signal device'..."] dictates that stop signs are not
traffic "signal" control devices. Stop signs are, however, "official traffic control
devices" [See Vehicle Code §440 and §21400], but probably not a traffic control
"signal" device. Thus, in such case, you can, arguably, in most cases, cross
anywhere on the road. However, be warned that it is reported that many police
officers consider stop signs to be a "traffic control signal devices"; therefore, you
may receive a ticket for jaywalking. If so, you will have to make legal argument
(or hire an attorney to do so) and seek to convince a judge that a stop sign is
not a "traffic control signal device".

The Price of Violation of Vehicle Code Section 21955 (classic jaywalking) is an

infraction, not a misdemeanor. As of 2010, the fine can be as high as $191 depending
where the infraction occurs.

Stop and Search: Police officers sometimes use jaywalking violations as a

pretext for searching someone or questioning someone who they view as a
suspicious person.

Why have such laws? Pedestrian restrictive movement laws help reduce and prevent
injuries and fatalities. As motorists and pedestrians, we need to obey traffic laws that
assure our safety and the safety of others.

See selected California jaywalking laws found in the California Vehicle Code.
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