california carpool lane violation 7/09

[james900rr0]

Good day,

Thank You for taking the time to read this, your advice is appreciated. I received a carpool lane violation on the 405 in Orange County, California a few months ago. I tried the trial by mail, I was found guilty, I had to request a trial de novo to ask for traffic school should the judge still finds me guilty. My violation was for pulling a small trailer in the carpool lane. I met all the carpool criterias(2 person, within the speed limit etc) I looked at the official California DMV book(page 27) and it does not say that it is against the law to pull a trailer in the carpool, it says that typically you are not allowed and usually restricted to the right hand lane. My argument is that the law/definition is vague and confusing. I'm wondering if I have a fighting chance, if there are cases where such violation have been dismissed, where I can find them and finally if I can bring them to court for my defense.(My driving record is spotless)

I appreciate your advice/guidance

JamesWhat is the name of your state (only U.S. law)?

 

[Zigner]

Good day,

Thank You for taking the time to read this, your advice is appreciated. I received a carpool lane violation on the 405 in Orange County, California a few months ago. I tried the trial by mail, I was found guilty, I had to request a trial de novo to ask for traffic school should the judge still finds me guilty. My violation was for pulling a small trailer in the carpool lane. I met all the carpool criterias(2 person, within the speed limit etc) I looked at the official California DMV book(page 27) and it does not say that it is against the law to pull a trailer in the carpool, it says that typically you are not allowed and usually restricted to the right hand lane. My argument is that the law/definition is vague and confusing. I'm wondering if I have a fighting chance, if there are cases where such violation have been dismissed, where I can find them and finally if I can bring them to court for my defense.(My driving record is spotless)

I appreciate your advice/guidance

JamesWhat is the name of your state (only U.S. law)?

Trailers are required to remain in the right two lanes of the road. How, exactly, did you get to the carpool lane whilst remaining in the right two lanes?

 

[Zigner]

To be thorough: What code section were you cited for violating?

Also, as a note: The driver's handbook is NOT the law.

 

[james900rr0]

Thank You for the very quick response Zigner,
The violation code is 223486 VC, description on citation is " trailer fast lane(hov RT lane req).

Thank You for pointing out that the handbook is not the law. I see it is a tool to obtain your driving priviledge and an official government publication which covers the law. I'm hoping for liniency as no one even police officers know all the laws.

My whole defense is based on the DMV publication, "vehicles towing trailers are typically not allowed to use carpool lanes, because they must drive more slowly and are usually restricted to the right hand lane."

I don't want to waste the judge's time and/or make a fool of myself or waste peoples time on here, I paid the fine and accepted that I probably won't see that money again but I'm fighting for my point(s)(if any are taken) and hopefully a little slap on the wrist from the judge agreeing with me that it is confusing.

Thank You

 

[Zigner]

The law is not confusing. UNLESS you are otherwise directed by signage, vehicles towing trailers must remain in the right hand land except for certain highways (based on total number of lanes) where they would then be allowed in the lane immediately to the left of the right hand lane.

One place in particular I can tell you about is the 5 north approaching the East LA Interchange (where the 5, 60 & 101 freeways all come together). For approx 2 miles prior to the interchange, vehicles towing trailers are allowed (by signage) to utilize all lanes.

Also, the code section you gave is not correct. Please check it and re-post.

Thank You for the very quick response Zigner,
The violation code is 223486 VC, description on citation is " trailer fast lane(hov RT lane req).

Thank You for pointing out that the handbook is not the law. I see it is a tool to obtain your driving priviledge and an official government publication which covers the law. I'm hoping for liniency as no one even police officers know all the laws.

My whole defense is based on the DMV publication, "vehicles towing trailers are typically not allowed to use carpool lanes, because they must drive more slowly and are usually restricted to the right hand lane."

I don't want to waste the judge's time and/or make a fool of myself or waste peoples time on here, I paid the fine and accepted that I probably won't see that money again but I'm fighting for my point(s)(if any are taken) and hopefully a little slap on the wrist from the judge agreeing with me that it is confusing.

Thank You

 

[james900rr0]

Thank You again for your insight, I would say that the law itself is not confusing if you educate yourself enough to navigate thru the sub sections etc. it is black and white but the way I(cannot say we..) interprete them becomes the source of confusion. (my two cents).

As usual the officer's writing is hard to read, I looked up the VC for 22348 as I can't read the last number, letter or symbol. It references speed which made me look at my citation again and noticed that he put 65 as my approx. speed, 65 as the speed limit and 55 as my vehicle limit. I may be taking this in a totally different direction now and it may be irrelevant...

My bail amount was $202.00

I know that the code starts with 22348. there is a scribble after the 8 that looks like a 6 but could be an "A" Would the court be able to look up my citation and confirm?

Thank You once more

 

[Zigner]

Thank You again for your insight, I would say that the law itself is not confusing if you educate yourself enough to navigate thru the sub sections etc. it is black and white but the way I(cannot say we..) interprete them becomes the source of confusion. (my two cents).

As usual the officer's writing is hard to read, I looked up the VC for 22348 as I can't read the last number, letter or symbol. It references speed which made me look at my citation again and noticed that he put 65 as my approx. speed, 65 as the speed limit and 55 as my vehicle limit. I may be taking this in a totally different direction now and it may be irrelevant...

My bail amount was $202.00

I know that the code starts with 22348. there is a scribble after the 8 that looks like a 6 but could be an "A" Would the court be able to look up my citation and confirm?

Thank You once more

22348(c)
(c) A vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if a lane has not been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb. When overtaking and
passing another vehicle proceeding in the same direction, the driver
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code. If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, a vehicle may also be
driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code. This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route.




22406. No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.

 

[Zigner]

Thank You again for your insight, I would say that the law itself is not confusing if you educate yourself enough to navigate thru the sub sections etc.

One of the responsibilities of towing a trailer is to know the laws related to towing.

 

[james900rr0]

Well, I can only hope the judge is feeling nice and gives me traffic school...
I will check the signage in that area again just for my education.

I respect the laws of the road especially when towing(weight limits, speed, chains, lights, mirrors etc) looks like I missed the one thing the chp didn't. If traffic had been heavy it would have been worth it...

Thank You for the guidance, Would you know if I can avoid appearing in court at this point and still get "permission" to do traffic school?

 

[Zigner]

Well, I can only hope the judge is feeling nice and gives me traffic school...
I will check the signage in that area again just for my education.

I respect the laws of the road especially when towing(weight limits, speed, chains, lights, mirrors etc) looks like I missed the one thing the chp didn't. If traffic had been heavy it would have been worth it...

Thank You for the guidance, Would you know if I can avoid appearing in court at this point and still get "permission" to do traffic school?

I don't know. I suspect that, since you ASKED to go to court, you'll need to go to court.

 

[james900rr0]

Thank You, I will call and find out, perhaps I can save a little bit of time for everyone.

 

[james900rr0]

Good day,

I was in court last Wednesday and chose to plead my case instead of opting for traffic school. The officer showed up...

The judge heard my case, questioned the officer and decided in my favor. She did note that my defense was somewhat weak but she agreed that the wording is confusing and misleading. Just wanted to share the info...

thanks

 

[Zigner]

Good day,

I was in court last Wednesday and chose to plead my case instead of opting for traffic school. The officer showed up...

The judge heard my case, questioned the officer and decided in my favor. She did note that my defense was somewhat weak but she agreed that the wording is confusing and misleading. Just wanted to share the info...

thanks

Sounds like you got lucky to get a sympathetic judge. The wording and the LAW are pretty unambiguous.

Congratulations

 

[Isis1]

Good day,

I was in court last Wednesday and chose to plead my case instead of opting for traffic school. The officer showed up...

The judge heard my case, questioned the officer and decided in my favor. She did note that my defense was somewhat weak but she agreed that the wording is confusing and misleading. Just wanted to share the info...

thanks

congrats!! wow. i think you got pretty lucky!