(e) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.https://statutes.capitol.texas.gov/Docs/TN/htm/TN.552.htm The failure of a blind pedestrian to carry a cane or use a dog guide or walker shall not be treated as evidence of negligence in a civil action for injury to the blind pedestrian or for the blind pedestrian's wrongful death. Pedestrians Any person who violates any provision of this section commits a class A traffic offense. (a) It is a misdemeanor for any person to violate any of the provisions of this chapter or of Title 32, unless such violation is by this chapter or other law of this state declared to be a felony. (775 ILCS 30/2) (from Ch. B. Pedestrians using guide dogs or white canes with or without a red tip must be given the right of way at all times, regardless of the traffic signal or traffic situation. 18-113. State Law: A speeding ticket would be an example of an infraction. State Law: Don’t honk your horn at a blind person. Blind people may carry a white cane or be led by a guide dog. A driver must yield the right-of-way, come to a full stop if necessary, and take precautions before proceeding to avoid accident or injury. Pedestrians Who Are Blind   The laws in each state vary widely and drivers do not always reliably stop for pedestrians who carry white canes. How to Find Blindness Related Resources and Sharing Them, Board Member's Manual for State and Special Interest Affiliates, Creating a Media Kit for Your ACB Affiliate or Chapter, The PSA Handbook for ACB Affiliates and Chapters, The Press Release Handbook for ACB Affiliates and Chapters, Officer’s and Board Member's Manual for State and Special Interest Affiliates, President's Manual for State and Special Interest Affiliates, Reaching Blind and Visually Impaired Seniors, Reaching Out to Your Community to Educate and Inform People About Blindness, Secretary's Manual for State and Special Interest Affiliates, Strategies for Member Renewal and Reactivation, Tips for Successful Membership Recruitment and Retention, Treasurer's Manual for State and Special Interest Affiliates, Vice President's Manual for State and Special Interest Affiliates, Appendix A: Letter from FHWA re Accessible Pedestrian Signals. Section 1057. 23, par. Penalty: B. A person who owns an animal shall restrain and control such animal on a leash when in proximity to a guide dog that is on a public or private way. White Cane Regulations & Laws White cane regulations and laws began in the USA in 1930. 265:37 or 265:41 Failure to use due care, 3 points   WI Stat. (1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both. Since President Lyndon B. Johnson proclaimed October 15 of each year to be White Cane Safety Day, the White Cane Law has been central to the safety of people who are blind or visually impaired as they travel and go about their daily activities. 28-7-4.   Belief: White Cane Law is consistent across the United States. Violations of chapter -- Penalties. Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor. 346.26(2) (2) Nothing in this section shall be construed to deprive any totally or partially blind person not carrying the white or the red and white cane or walking stick or not using a service animal, as defined in s. 106.52 (1) (fm), of the rights of other pedestrians crossing highways, nor shall the failure of such totally or partially blind pedestrian to carry such cane or walking stick or to use a service animal be evidence of any negligence. The driver of a vehicle approaching a visually impaired pedestrian who is carrying a white or metallic cane, is using a guide dog or is assisted by a sighted person, must yield the right of way and take precautions to avoid injury to the pedestrian. This rule shall apply in all cases where a fine is not the exclusive penalty authorized by law.   a blind or partially blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog/service animal; a deaf or partially deaf person accompanied by a guide/service dog; a mobility-impaired individual using a manual or motorized wheelchair, motorized scooter, crutch, cane or walker. Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages.   Notwithstanding section 103, subsection 3, the fine for a violation of this subsection may not be less than $50 nor more than $1,000. (b) A person who is not blind or partially blind may not use or carry a white cane, a cane that is white tipped with red, or a chrome, nickel, aluminum, or other reflecting or shining metal cane, in the manner described in subsection (a)(1) of this section. If a visually impaired person is standing along a street with a white cane held in a raised position, they are indicating that they wish to cross the street. State Law: From the Driver’s Manual: From the Driver’s Manual: (http://www.in.gov/legislative/ic/code/title9/ar21/ch17.html scroll down to IC 9-21-17-24) It is the policy of this state to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment. This webpage was last updated on October 24, 2013. Meeting, April 23, 2020.   White Law PLLC was founded to provide more personalized representation to clients facing legal dilemmas. (i) A manual or motorized wheelchair; A blind pedestrian uses the sound of your engine as a guide, so drive up to the crosswalk to allow the person to hear you. Penalty: Drivers must always yield the right-of-way to persons who are blind. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 or more than $500.http://data.opi.mt.gov/bills/mca/61/8/61-8-711.htm From the Driver’s Manual: 1-1-18.) (1) A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker. Duty of driver approaching blind pedestrian; effect of failure of blind person to carry white cane or use dog guide. Failure to yield the right-of-way to a pedestrian who is blind is a violation that could Section 13-707. (http://www.in.gov/legislative/ic/code/title9/ar21/ch17.html scroll down to IC 9-21-17-21) Demerit points will be assessed for certain violations upon conviction. The Service Animal Access Act and White Cane Law are state criminal laws that guarantee the right of a person with a disability to be accompanied by a service animal in public. (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding: Penalty:   The driver of a vehicle shall yield the right of way to an individual who is blind or visually impaired and carrying a clearly visible white cane or to an individual with a disability who is accompanied by an assistance dog.http://www.legis.nd.gov/cencode/t39c10.pdf The provisions of this section shall not apply where traffic is specially directed by a traffic or police officer.https://www.lawserver.com/law/state/new-jersey/nj-laws/new_jersey_laws_39_4-37-1 Provisions relating to blind or visually impaired persons. 346.30 Penalty for violating sections 346.23 to 346.29. 22-6-2. State Law and Penalty: Watch for Pedestrians Similarly, a fine may be levied in lieu of imprisonment.   (1) The Department shall impose the following penalties upon receipt of a conviction of a violation of any of the listed offenses found within the Uniform Rules of the Road: Violation of 40-6-94 can yield 3 points against a driver’s license upon conviction in a court of law. A driver shall take the necessary precautions to avoid injuring or endangering a pedestrian crossing or attempting to cross the street. IC 9-21-17-24 Violations; Class C infraction   Operator of vehicle to yield to blind pedestrian. This makes it especially difficult for a visually impaired or blind person to cross the street. (http://www.legis.state.ia.us/IACODE/1999/321/333.html) (Per correspondence from the South Carolina Commission for the Blind, there is no other penalty.) Pedestrians using a dog guide or carrying a white cane have absolute right-of-way (even if not at an intersection.) Upon receiving such a signal, all vehicles at or approaching such intersection or crossing shall come to a full stop, leaving a clear lane through which such pedestrian may pass, and such vehicle shall remain stationary until such blind or partially blind pedestrian has completed the passage of such crossing or intersection. A. When a blind person pulls in his or her cane and steps away from the intersection, this gesture usually means for you to go. Fact: We thank police officers for their service on our roads and streets, especially those who are advocates for white cane safety. State Law and Penalty: At White Law PLLC, we use a team approach to solve our clients’ legal issues, an approach that combines decades of shared insight with the use of advanced technology in the office and the courtroom. (b) $300 for a Class B violation.https://www.oregonlaws.org/ors/153.018 61-8-516. Nothing contained in Section 46.2-933 shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing highways. (2) A driver who approaches a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker is liable in damages for any injuries caused the blind pedestrian. From the Driver’s Manual: But the main premise is: keep an eye out for blind* people, cause they can't keep an eye out for you. (http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-175.2.html) Penalty: We are unable to link to the text which is available only on Westlaw.) State Law: Penalty: You must yield the right of way to that person. Section 21. (775 ILCS 30/2) (from Ch. (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1301.html) Gather a group of advocates. You must always yield to pedestrians who are in a roadway. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment. Section 9506. State Law:   The blind person has no idea who you are honking at and may be startled by the noise. Drivers must give the right-of-way to any blind person crossing the street. Chapter 304 Traffic Regulations From the Driver’s Manual: 318.18 Amount of civil penalties The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip), a totally or partially blind or hearing impaired pedestrian using a dog guide, a person with physical disabilities using a service animal, or a person with a disability using a wheelchair or a power wheelchair as defined in RCW 46.04.415 shall take all necessary precautions to avoid injury to such pedestrian or wheelchair user.   Any person who shall be convicted of a violation of any of the provisions of this Article herein or by the laws of this State declared to constitute a felony shall, unless a different penalty is prescribed herein or by the laws of this State, be punished as a Class I felon.http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-177.html

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