Car Pool & Cross Double Yellow. UGH

[pointgrinder]

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

Ok, this violation is a pisser. I was on the 405 south bound with heavy stop and go traffic for 3 hours. I was tired.
- I was driving in the "fast line" going 20 mph to a halt.
- I looked down and up, noticed the car slammed its brakes in front of me.
- Avoided the car to moving left into the Car Pool Line.
- I was half way in the line, so I proceed to move into the carpool line,
- For about 100ft, I moved out of the car pool line once it was safe to move into the fast line, out of the car pool line.
- Looked up in review mirror, noticed the Long Beach Motorcycle Officer.
- Also, noticed the lights and pullled over.
- Explained my case, just nodded and issued me the violation.

Do I have a case? I had avoided a potential accident and moved out of the car pool line when it was safe. There was no benefit to use either the car pool line or fast line, as it was grid locked.

I had requested for "Court Date Reservation for Arraignment Only - No Trials" has been processed today. My ticket is due, 5/16/2012, but, my court date is 8/06/2012.
I am assuming I need not to pay until 8/06/2012?
If so, what is the likelihood of this having any legs in court?What is the name of your state (only U.S. law)?

 

[Zigner]

If you were half in to the carpool lane, then you were also still half in the #1 lane. You could have returned to the #1 lane immediately.

But, you didn't.

What you did was to proceed in the carpool lane for (at least) 100 feet.

The only way your claim would be valid is if you had been forced in to the lane to avoid somebody else colliding with you. Your lack of attention is not a valid excuse.

 

[pointgrinder]

Why can't avoiding another accident by moving out of the carpool line is not argumentative?
What you are suggesting, if one is subjective to be pushed into the carpool line to avoid an accident, is to continue to drive in the carpool line? Or to push the other car out of the fast line? Or simply hit the car in front of me?

 

[Zigner]

Why can't avoiding another accident by moving out of the carpool line is not argumentative?

Avoiding an accident that would have been caused by your inattention will not be a persuasive argument.

What you are suggesting, if one is subjective to be pushed into the carpool line to avoid an accident, is to continue to drive in the carpool line? Or to push the other car out of the fast line? Or simply hit the car in front of me?

Or, since you were stopped already, simply straighten your car out and proceed in the proper lane.

 

[Ozark_Sophist]

I agree with Zig.
As to your other question, I believe you must pay your ticket by date listed; think if it as a bond. If you succeed in court, you get that back, less court costs.

 

[pointgrinder]

I was just in a ackward position, and regaining composure. I was surprised the officer did not see my movement into the lane. Maybe he was busying looking inside the other vehicles to see if they were violating the carpool line. It seems as though, he was the ref on the football field, and he saw the second punch and threw the flag.

So, bummed about this, because I had no intentions in violating this law. If I violated a law, I will face up and admit it was my intention and send the payment. This circumstance, it seems gray.

 

[Zigner]

I was just in a ackward position, and regaining composure. I was surprised the officer did not see my movement into the lane. Maybe he was busying looking inside the other vehicles to see if they were violating the carpool line. It seems as though, he was the ref on the football field, and he saw the second punch and threw the flag.

Try to be clear on this. It is entirely possible that he DID see you enter the lane. The problem is that it was your fault that you entered the lane.

So, bummed about this, because I had no intentions in violating this law. If I violated a law, I will face up and admit it was my intention and send the payment. This circumstance, it seems gray.

There is no "gray" at all. Nobody is saying that you MEANT to break the law, but you did break it. People usually don't plan to run red lights and they usually don't plan to fail yield when making a left turn...but those are illegal too.

Now, perhaps you can attend traffic school?

 

[pointgrinder]

Yes, I can attend traffic school.

 

[Zigner]

Yes, I can attend traffic school.

I don't know your specific situation, but that may be a viable alternative for you.

 

[pointgrinder]

So, if I try to fight it, I will not be eligible for traffic school? If found 100% accountable, I would like to participate in traffic school.

 

[Zigner]

So, if I try to fight it, I will not be eligible for traffic school? If found 100% accountable, I would like to participate in traffic school.

Theoretically, your attempt to contest the ticket is not supposed to affect your eligibility for traffic school...

Realistically, you may sink your chance for traffic school if you contest the ticket. Furthermore, on what basis would you fight the ticket? You have no defense...

 

[pointgrinder]

I had crossed the double yellow line into the carpool lane to avoid an accident. I had turned out of the carpool line into heavier traffic and not stay into the flowing carpool lane to be honest and get back into my designated lane.

 

[Zigner]

I had crossed the double yellow line into the carpool lane to avoid an accident.

An accident that YOU almost caused.

I had turned out of the carpool line into heavier traffic and not stay into the flowing carpool lane to be honest and get back into my designated lane.

Yes, after you illegally entered the carpool lane.

AGAIN -
To say that you were avoiding an accident that you were (would be) the cause of is NOT a defense.

 

[The Occultist]

pointgrinder, the reason why nobody will accept your argument of "I had to move to that lane to avoid a collision" is because you should have been following at a safe distance at a safe speed in order to brake to a complete stop without needing to swerve.

 

[Cali408nia]

All this advice is true - it was pointgrinder's fault for following too closely and/or being inattentive.

But, based on pointgrinder's story, it may be possible the officer never witnessed him get into that lane. His argument that he only went into that lane to avoid an accident might hold weight with the right judge and if the judge nor the officer has knowledge of what happened prior to that, I see there being a better chance of him being able to succeed with that.

Seeing how a carpool violation does not carry any points traffic school will not be offered for that. Not sure about the cross double yellow though.