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Calif. VC 216.558(a) Crossing Double Yellow HOV Lines - Wrong Description on Ticket

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Quathot

Junior Member
What is the name of your state (only U.S. law)? California

I received a ticket for violating Calif. Vehicle Code 216.558(a), crossing the double-yellow lines of the HOV (carpool) lane, on the I-405 near Bellflower Blvd. in Long Beach.

The CHP officer's description on the ticket was erroneous. He wrote that I had "crossed over the solid double lines from the #1 lane to the HOV lane." This is wrong. In fact, the opposite happened, i.e., I crossed the lines from the HOV lane to the #1 lane.

I want to get the ticket dismissed, and I assume TBD (Trial by Declaration) is the way to go, especially because I live in the San Francisco area, not the L.A. area. My questions are:
1. Is it likely the CHP officer's error will be substantial enough to merit a dismissal, if presented effectively?
2. If so, what is the best way to present this to the court?

Note that I can obtain sworn and notarized witness statements from the adults in the car at the time of the incident that will confirm that I did not cross the double-yellow lines from the HOV lane into the #1 lane.

Feedback is appreciated.
 


I_Got_Banned

Senior Member
What is the name of your state (only U.S. law)? California

I received a ticket for violating Calif. Vehicle Code 216.558(a), crossing the double-yellow lines of the HOV (carpool) lane, on the I-405 near Bellflower Blvd. in Long Beach.

The CHP officer's description on the ticket was erroneous. He wrote that I had "crossed over the solid double lines from the #1 lane to the HOV lane." This is wrong. In fact, the opposite happened, i.e., I crossed the lines from the HOV lane to the #1 lane.

I want to get the ticket dismissed, and I assume TBD (Trial by Declaration) is the way to go, especially because I live in the San Francisco area, not the L.A. area. My questions are:
1. Is it likely the CHP officer's error will be substantial enough to merit a dismissal, if presented effectively?
2. If so, what is the best way to present this to the court?

Note that I can obtain sworn and notarized witness statements from the adults in the car at the time of the incident that will confirm that I did not cross the double-yellow lines from the HOV lane into the #1 lane.

Feedback is appreciated.
The officer will more than likely testify (in his declaration and/or in court) based on the description he wrote on the citation, You're free to present the court with your own version of what you say happened...

The related code section (see below) forbids a driver from crossing over the double parallel solid lines either while entering or while exiting the HOV lanes. So by you testifying that you were exiting the HOV lane rather than entering it, and even if the court were to opt to believe your version, you are essentially admitting that you committed the violation. I'm not sure how much difference that will make.

21655.8. (a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.​
 

Quathot

Junior Member
Correction

Note that I can obtain sworn and notarized witness statements from the adults in the car at the time of the incident that will confirm that I did not cross the double-yellow lines from the #1 lane into the HOV lane.
 

Quathot

Junior Member
Was Planning Not to Admit that I Exited the HOV Lane

Actually, I was planning not to say anything about exiting the HOV lane by crossing over the double-yellow lines because I fully realize that would be admitting that I violated the law, albeit in a different than described on the actual ticket.

The fact remains that I did not violate the law in the way that the CHP officer described on the ticket.
 

I_Got_Banned

Senior Member
Note that I can obtain sworn and notarized witness statements from the adults in the car at the time of the incident that will confirm that I did not cross the double-yellow lines from the #1 lane into the HOV lane.
Give it your best shot and see what happens... Good luck!
 

I_Got_Banned

Senior Member
Actually, I was planning not to say anything about exiting the HOV lane by crossing over the double-yellow lines because I fully realize that would be admitting that I violated the law, albeit in a different than described on the actual ticket.

The fact remains that I did not violate the law in the way that the CHP officer described on the ticket.
So the judge reads the officer's declaration wherein the officer describes you crossing over double parallel solid yellow lines while entering the HOV lanes, that he pulled you over and cited you.... then the judge moves on to yours and sees:

"I am not guilty of the offense the officer cited me for; I did not enter the HOV lanes over double parallel solid yellow lines".​

What do you think the verdict will be?
 

Quathot

Junior Member
Impact of Erroneous Claimed Factual Basis for Ticket

I do understand the issue of that it would be my word against the CHP officer, if nothing more than that were stated.

I am on this site to find out and work through how to best use this error to my advantage. I am not familiar with California Law on this matter.

Basically, I would like a general indication of how the California would likely deal with an error of this type.
 

Quathot

Junior Member
Correction of Last Sentence

Basically, I would like a general indication of how the California Courts would likely deal with an error of this type.
 

I_Got_Banned

Senior Member
Basically, I would like a general indication of how the California Courts would likely deal with an error of this type.
Since the officer does not benefit from a guilty verdict (whereas you are hoping to save a few bucks if you are found not guilty), the court will more than likely buy into the officer's version of events... So you're fighting an uphill battle by attempting to refute his version of events with a little or no information (aside from an "I am not guilty, I didn't do what he said I did")...

Furthermore, the element of the violation that must be proven by the officer is that you crossed over the lines (either direction is covered in the same subsection of the statute)... Had there been two different subsections, one covering the entry into and one covering the exit from the HOV lanes, and assuming that the officer cited you for the wrong subsection, then yes, you may have a valid argument that "it doesn't fit, so you must acquit"... :D

In other words, you were (admittedly) in violation of crossing over the double parallel solid yellow lines separating the #1 lane from the HOV lane. Whether you crossed into or out of the HOV lanes, is simply icing on the cake!
 

Quathot

Junior Member
Actual Reason Non-Frivolous Reason for Crossing HOV Lane Lines

To be honest, I did have a reason for crossing the HOV double-yellow lines, but I doubt the court would be sympathetic.

A 14-year old boy in our group suddenly announced that he had to urgently urinate. He had been holding it as long as he could during the long drive from the San Francisco area. But, finally he could not stand it any longer and by that time it was an urgent matter.

So, I did not want to miss the next exit and got out of the HOV lane quickly. I am not familiar with that area or the traffic conditions and drivers on that freeway. So, I felt compelled to leave the HOV lane by crossing the double yellow lines to make sure that the boy did not pee his pants and soak the car and others in it. He was really suffering.

I stated this to the CHP officer, but he could have cared less. He was following the exact letter of the law, that provides very few exceptions for crossing those double-yellow lines (I know you can cross them to get out of the way of an emergency vehicle that is behind you.)

So, this could probably be categorized as a "necessity" defense. However, I am doubtful that the court would view the problem as a serious and immediate danger to others that would be so great that I would be forced to leave the HOV lane. I guess a boy peeing all over himself, maybe even permanently damaging the vehicle, and ruining an expensive trip to Sea World for everyone counts for nothing under this law. I suppose it's preferable to let children and adults physically and emotionally suffer rather than to commit the mortal sin of crossing over the double-yellow HOV lines.
 

I_Got_Banned

Senior Member
A 14-year old boy in our group suddenly announced that he had to urgently urinate. He had been holding it as long as he could during the long drive from the San Francisco area.
Change that to a 60 year old lady and add in that she had bladder control problems (no pun or insult intended or directed towards anyone) and I think you might get some sympathy from the court. :D

Seriously though, I drive that stretch of I-5 on a weekly basis and I am aware of how many exits it has (and I would bet that the officer and (maybe even the local judge) are aware of that as well)... Prior to reaching each freeway exit, there are, in fact, exits from the HOV lanes... Yes, some might stretch for a couple of miles but to suggest that it created such a serious and immediate danger to himself and to others... Call me mean but its his fault for not asking you to stop earlier... Then again, I am not the judge... Give it a try and see what happens.
 

Quathot

Junior Member
I Guess that's Better than Nit-Picking the CHP Error

I agree, the boy should not have waited until it was an emergency. But, I had no control over that. Even though it may have been his fault, I am the one stuck with the fine, not him.

I know it is questionable whether the problem was a serious and immediate danger. But, some subjectivity is involved there. All I can do is hope for sympathy from the Court about it.

I am not from L.A., have rarely been there and am unfamiliar with its freeways. So, maybe you and the judges know about the exits, but I don't. Also, I was worried about getting across several lanes of traffic. I just didn't know if drivers would let me in or not. L.A. drivers don't exactly have the best reputation, you know (no offense -- I am sure you and the judges are fine drivers).

But, I will give it a shot. Those are the facts and I just don't want to pay that insane fine of $466 for illegally trespassing on the sacred double-yellow lines. Hey for that large of a fine, they must be holy or something.... :)
 

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