Carpool Lane Violation - Please Help

[cruzr]

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

There are mistakes on a ticket I received for a carpool violation today.Does that give me a stance to dispute?
I moved into the carpool lane to avoid the trailer rig on a big rig truck from hitting the front end of my car. If i would have stayed in the same place he would have hit me with the back end of this trailer. I sped up to the flow of traffic in the carpool lane and started to try to enter back into the normal lanes. Within 1/4 mile i was able to get back into the correct lane. By that time a California Highway Patrol was flagging me down to pull me over.
The information that is in question on the ticket is that he placed the registered owner of the vehicle is same as driver. That is not correct and the registration I handed him showed that. He also checked the same registered address as driver and that is also incorrect and I even pointed this all out to him during the writing of the ticket, Also, for the court date he wrote "within 60 days". No date, or time.


Additional Details
**Seems important to note that this was during bumper to bumper AM commuter traffic. I was 100% stopped when the big rig aggressively entered the lane in front of me. The angle he entered the lane made it so his trailer was going to clip the front end of my car. As he continued to move into the lane it was clear his rig was going to hit the front end of my car.


**Big Rig was in the lane next to me. There were four total lanes. I was next to carpool lane and the big rig was in the next lane over......Hence the fact that I had to move out of the way to not get hit by the back end of the truck as it entered the lane in front of me. Traffic was not moving. I could not back up. My only option was to enter the carpool lane.

 

[Isis1]

If this was bumper to bumper traffic, you also had the option of staying put.

You should not have traveled a quarter of a mile to get back in your rightful lane. At most, 20 feet. Your argument is terrible.

 

[cruzr]

Isis

The angle of the back end of the big rig trailer was such that it was going to clip the front end of the car. Once I entered the carpool lane which was going at a faster rate I had to accelerate to the flow of traffic. I immediately attempted to get back into the lane with no luck as the flow of traffic in the carpool lane was moving at a faster rate.

Your advice does not help much and I did not place the post for you to tell me that my explanation is terrible. I am looking for assistance and guidance as I made a split decision based on safety and now I am looking at a $400 fine.

 

[Isis1]

The angle of the back end of the big rig trailer was such that it was going to clip the front end of the car. Once I entered the carpool lane which was going at a faster rate I had to accelerate to the flow of traffic. I immediately attempted to get back into the lane with no luck.

Your advice does not help much and I did not place the post to get attacked and tell me that my explanation is terrible.

It wasn't an attack at all. Maybe if I say the same thing differently. You need a different arguement.

 

[cruzr]

Can you please help me form an arguement? That was the situation. I have never had a ticket in my life (i am 31). I have always been a safe driver and in the moment I saw the only move I had was to jump into the carpool lane so my car would not get hit as the trailer comes back around into the lane.

 

[I_Got_Banned]

The information that is in question on the ticket is that he placed the registered owner of the vehicle is same as driver. That is not correct and the registration I handed him showed that. He also checked the same registered address as driver and that is also incorrect and I even pointed this all out to him during the writing of the ticket

Not as relevant as you'd like to think. As long as the citation identifies you as the driver at the time, it doesn't really matter who the vehicle is registered to.

Also, for the court date he wrote "within 60 days". No date, or time.

You will likely receive a courtesy notice from the court telling you of the due date/appearance date. Or, you can check with the court after 21 days from the date of the citation and ask them about the due date.

 

[I_Got_Banned]

Can you please help me form an arguement? That was the situation. I have never had a ticket in my life (i am 31). I have always been a safe driver and in the moment I saw the only move I had was to jump into the carpool lane so my car would not get hit as the trailer comes back around into the lane.

Did you cross over double solid yellow lines or did you enter and exit the carpool lanes over dashed white lines?

And what code section were you cited for?

 

[cruzr]

I crossed white dashed lines. There are not any solid carpool lines in the area. The code I was written up for is the following:
21655.5(b)

 

[I_Got_Banned]

I crossed white dashed lines. There are not any solid carpool lines in the area. The code I was written up for is the following:
21655.5(b)

That is the correct code section... And based on your description, you were clearly in violation (especially with the 1/4 mile all while traffic in the non-HOV lanes was stopped).

In fact (to me) it sounds more like you were stuck in traffic, decided to sneak into the HOV lanes, saw the officer, tried to merge back in traffic but couldn't (not saying that's what happened... Only that it is a more likely story than a "big rig clipping your car").

Edited to add: big rigs aren't allowed in the left most lane on a 4 lane highway!

 

[cruzr]

I understand what you are saying and how it sounds. The big rig was not in the 4 lane it came into the third lane. SO if carpool is the 4th lane on a four lane highway, then I was in the third lane, and the big rig came from the second lane into the third lane.

 

[I_Got_Banned]

The big rig was not in the 4 lane it came into the third lane. SO if carpool is the 4th lane on a four lane highway, then I was in the third lane, and the big rig came from the second lane into the third lane.

OK, so let me amend what I said before... "big rigs aren't allowed in the left most lane on a 3 lane highway!" Better yet, big rigs (any vehicle towing another) subject to 22406) are restricted to the right most lane or, if passing, to the lane adjacent to the right most lane (see VC 22348(c)). That doesn't mean it never happens; only that it is not likely to happen especially in a traffic jam when that big rig driver might get stuck (kind of like you getting stuck -and getting caught- in the carpool lane).

At any rate, that has nothing to do with your alleged violation... Even if you can somehow prove your story, his violation is not a valid defense to your violation. Sorry!

And by the way, while it is an expensive fine (approximately $475), it carries zero violation points so it is not likely to affect your insurance premium.

Lastly, your only glimmer of hope would be to fight it and hope that the officer does not file a declaration (if you choose a Trial By Declaration) or if he fails to show up in court for trial. In the meantime, if you do choose to contest it, you may still have to post bail in an amount equal to the fine amount (which will be refunded to you if you get it dismissed).

Good luck!