Commercial van in HOV L.I.E.

[widebody2]

What is the name of your state?NY
Hi guys, I got a ticket that I am highly determined to get out of because I don't think I deserved it. I rented a van to pick up a couch I bought on ebay. It was a van, not a truck. Before going into HOV lane on the LIE I looked at the posted signs because I wasn't sure if a van was allowed in there. The large signs hanging off the bridges state: carpool and buses only, no crossing devider, and motorcycles allowed, carpool is 2+ people and it also states the HOV hours. Now the ticket I got was for having a commercial vehicle in the HOV. #1 I don't own a commercial vehicle so I was unaware of this law. Not an excuse but i did look at the sign and didn't see this posted. #2 my ticket was outside of the HOV hours. #3 I drove up and down the LIE a few times taking pictures of the signs before locating the signs that say no commercial trucks trailers in hov. These signs are not with the large HOV signs they are way off to the side and are very very difficult to see in the large scale of things. #4 The signs actual say no commercial trucks trailers in hov....they do not say commercial vehicles...I realize this is a big technicallity but I was not operating a truck nor a trailer...the way I read that sign is that it is for large tractor trailers....definitely not a van.
Do you guys think i have any chance with these? I have a clean license, was doing 64 mph and in no way did I know I was doing anything wrong. I was also told that this ticket will put 2 pts on my license and cost me $250.
The police officer also pointed to the large signs and said that it was posted on every sign...when in fact it was not on any of those large signs. If I was speeding or knowingly doing something wrong i would be fine but this ticket really has me mad.

 

[seniorjudge]

What is the name of your state?NY
Hi guys, I got a ticket that I am highly determined to get out of because I don't think I deserved it. I rented a van to pick up a couch I bought on ebay. It was a van, not a truck. Before going into HOV lane on the LIE I looked at the posted signs because I wasn't sure if a van was allowed in there. The large signs hanging off the bridges state: carpool and buses only, no crossing devider, and motorcycles allowed, carpool is 2+ people and it also states the HOV hours. Now the ticket I got was for having a commercial vehicle in the HOV. #1 I don't own a commercial vehicle so I was unaware of this law. Not an excuse but i did look at the sign and didn't see this posted. #2 my ticket was outside of the HOV hours. #3 I drove up and down the LIE a few times taking pictures of the signs before locating the signs that say no commercial trucks trailers in hov. These signs are not with the large HOV signs they are way off to the side and are very very difficult to see in the large scale of things. #4 The signs actual say no commercial trucks trailers in hov....they do not say commercial vehicles...I realize this is a big technicallity but I was not operating a truck nor a trailer...the way I read that sign is that it is for large tractor trailers....definitely not a van.
Do you guys think i have any chance with these? I have a clean license, was doing 64 mph and in no way did I know I was doing anything wrong. I was also told that this ticket will put 2 pts on my license and cost me $250.
The police officer also pointed to the large signs and said that it was posted on every sign...when in fact it was not on any of those large signs. If I was speeding or knowingly doing something wrong i would be fine but this ticket really has me mad.

Hi guys, I got a ticket that I am highly determined to get out of because I don't think I deserved it.

Well, you have me confused. You say you don't deserve it then set forth a bunch of facts showing that you are clearly guilty.

Did you have a question?

 

[sukharev]

Well, there is such option as pleading guilty with explanation. And, your explanation sounds reasonable. A typical result would be a lower fine. As for points, you can just do the online traffic school or something to clean that up.

 

[You Are Guilty]

If the rental van had commercial plates, then you have 0% of getting out of it (you may still be able to plea it down to something else, although all moving violations come with a minimum of 2 points).

If it didn't have commercial plates, then you should plead not guilty on that basis.

 

[widebody2]

This is word for word what the sign says: "no commercial trucks trailers in hov or 3rd lane". If no commercial vehicles are allowed in the hov that is exactly what it should say. On my ticket there was 5 body type options for the officer to choose from.
1 sedan 2 van 3 stationwagon 4 truck 5 trailer
He chose #2 van. Not #4 truck, not number #5 trailer. The posted sign states no trucks, no trailers. There is nowhere that says no vans...they could argue that a van is technically a truck..but actually technically it is not since it gets its own body type description on the ticket. I realize this is a super technicallity but I also think its legit. I think it should be thrown out. You guys are probably going to say I'm still guilty, right?

 

[HomeGuru]

This is word for word what the sign says: "no commercial trucks trailers in hov or 3rd lane". If no commercial vehicles are allowed in the hov that is exactly what it should say. On my ticket there was 5 body type options for the officer to choose from.
1 sedan 2 van 3 stationwagon 4 truck 5 trailer
He chose #2 van. Not #4 truck, not number #5 trailer. The posted sign states no trucks, no trailers. There is nowhere that says no vans...they could argue that a van is technically a truck..but actually technically it is not since it gets its own body type description on the ticket. I realize this is a super technicallity but I also think its legit. I think it should be thrown out. You guys are probably going to say I'm still guilty, right?

**A: please post the markings that was on the van ie. U-Haul etc.

 

[widebody2]

It was a ryder van. You can view it here: http://www.ryder.com/images/vr_panel.jpg

 

[sukharev]

I think you are right. You have rented a van, and it's not a truck. That said, you have to read the text of the statute, not what the sign says. If you find that the statute says "no commercial vehicles are allowed in HOV lanes", and you had commercial plates (as you probably did), it does not matter what was checked off.

 

[widebody2]

I think you are probably right. The judge is going to go by what the statute says and not what the posted sign says. I think this is complete BS but it is probably the way it is going to be. I've been looking for more information on the hov lane laws but haven't been able to locate any. Does anyone know where I can obtain this info? Thanks

 

[seniorjudge]

I think you are probably right. The judge is going to go by what the statute says and not what the posted sign says. I think this is complete BS but it is probably the way it is going to be. I've been looking for more information on the hov lane laws but haven't been able to locate any. Does anyone know where I can obtain this info? Thanks

The judge is going to go by what the statute says and not what the posted sign says. I think this is complete BS but it is probably the way it is going to be.

Yeah, judges are like that, following the law and all that technical stuff.

Bummer!

 

[sukharev]

Not knowing the law is not an excuse, but it may help if you explain the situation and show the pictures of signs. Also, here is one of the definitions of commercial vehicles that does not include your van:

http://www.syracusetrafficlawyers.com/news.cfm/Article/20246/HOV-Lane-Violation-Study.html

Commercial Motor Vehicle Definition:
Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle (1) has a gross vehicle weight rating or gross combination weight rating or gross vehicle weight or gross combination weight, of more than 10,000 lbs or 4,536 kg or (2) used for commercial transport of more than 8 passengers (including the driver); or (3) is used for non-commercial transport of more than 15 passengers, including the driver; or (4) is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transporting in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

You need to search using the statute number on the ticket.