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Ticket for driving on HOV only ramp (genuine/circumstantial error)

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kinnecter

Junior Member
Bellevue, WA

I got a ticket 2.5 weeks ago for driving on a HOV-only ramp while entering the freeway. I attest that this was not (i) not entirely my fault and (ii) a genuine mistake given the circumstances. The officer did not give me a chance to make my case at the spot of the ticket. Hence, I contested the ticket (Contested Hearing). Given the circumstances (below), how do I fight this in court ? Any advice would be appreciated.

- My destination was 1.3 mi away from my starting point, and I did not intend to take the freeway at all. I took a turn on a street, which happened to be a HOV-ramp only street. So I was left without an option but to take the HOV lane and I got pulled over immediately (Google Maps Link: Ticket on HOV-only ramp - Google Maps. Intended Route: Blue, Taken Route: Red). I believe that the HOV lane markings on the street (112th Ave NE) are not adequate and easily obscured by a large vehicle ahead (as was in my case), and once one turns onto the HOV-only street (NE 6th St. from 112th Ave NE), there is no way out but to take the HOV lane.
- In any case, my destination was 1.3 mi away, and there was no need for me to take the freeway. It was a genuine mistake. I have written proof that I had a doctor's appointment that I was heading to from work at the time of the ticket.
- It was 3:20pm in the afternoon on a Wednesday, and there was no traffic on the freeway. Another reason why I didn't have to take the HOV lane, except due to a genuine mistake.

I would like to know what my options are. Is this case strong enough to contest by mail? If not, how do I fight this in court ? Can I fight it on grounds of a genuine error due to unclear signals on the road. Thanks in advance for your input.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Your "excuse" is just that...an excuse. The fact remains that you are (per your own admission) guilty as charged. You MIGHT get away with a sympathy-verdict, but that's not going to happen through the mail.


ETA: Even from the map you posted, it is CLEAR that the right turn lane is for HOV (ie: Diamond-Lane) use only.
 

asiny

Senior Member
Your "excuse" is just that...an excuse. The fact remains that you are (per your own admission) guilty as charged. You MIGHT get away with a sympathy-verdict, but that's not going to happen through the mail.


ETA: Even from the map you posted, it is CLEAR that the right turn lane is for HOV (ie: Diamond-Lane) use only.
Just to backup Zigner on the observations;
I believe that the HOV lane markings on the street (112th Ave NE) are not adequate and easily obscured by a large vehicle ahead (as was in my case)...
1- Why would lane markings be obscured by a large vehicle?
If you could not see the lane markings, you must have been following too close.
2- If the lane markings were obscured- did you not see the hanging sign about the HOV only lane?
If not, again, you must have been following too close.
3- Are you familiar with the area? (seeing as you work and had a doctors appointment in the area- you should have been familiar).
If yes, why did you not know about the HOV lane?
If no (which is a stretch), how did you know the route to follow for the Doctors from your work?

Either way the markings, both street and hanging sign, are adequate. The only 'genuine error' is the one you made turning onto an HOV only street.
 

HighwayMan

Super Secret Senior Member
The officer did not give me a chance to make my case at the spot of the ticket...
Nor is he required to. You committed a traffic violation and he observed you do it. Case closed as far as he's concerned.

Arguments and excuses are for court, not the side of the road.
 

HighwayMan

Super Secret Senior Member
ETA: Even from the map you posted, it is CLEAR that the right turn lane is for HOV (ie: Diamond-Lane) use only.
Just looked at the Google Maps aerial photos.

It's pretty clear that there are several traffic control devices in play here indicating that it's HOV only.
 

HighwayMan

Super Secret Senior Member
...not entirely my fault...
So whose fault was it?

...a genuine mistake given the circumstances...
We still give traffic tickets for mistakes.

- My destination was 1.3 mi away from my starting point, and I did not intend to take the freeway at all.
But you did.

I believe that the HOV lane markings on the street (112th Ave NE) are not adequate...
You have no basis for that belief. From what I can see they are very adequate.


...easily obscured by a large vehicle ahead (as was in my case)
No, not easily. As already mentioned... if you couldn't see the pavement markings you were tailgating the truck. Even the overhead signs should have been clearly visible if you were a reasonable distance behind the truck.


...there is no way out but to take the HOV lane.
Yes, but again you should have never have gotten to that point!

I'm sure you feel you're being picked on, but the bottom line is you do not seem to have much of a case at all. Even less after considering the photos of the area.
 

sandyclaus

Senior Member
Just to backup Zigner on the observations;

1- Why would lane markings be obscured by a large vehicle?
If you could not see the lane markings, you must have been following too close.
2- If the lane markings were obscured- did you not see the hanging sign about the HOV only lane?
If not, again, you must have been following too close.
3- Are you familiar with the area? (seeing as you work and had a doctors appointment in the area- you should have been familiar).
If yes, why did you not know about the HOV lane?
If no (which is a stretch), how did you know the route to follow for the Doctors from your work?

Either way the markings, both street and hanging sign, are adequate. The only 'genuine error' is the one you made turning onto an HOV only street.
EXCELLENT points.

Why is it when these people break the law and get caught, it ALWAYS seems to be someone else's fault? :eek:
 

You Are Guilty

Senior Member
There are (multiple) lane markers both before and after the turn, in addition to the sign over the turning lane. "Insufficient signage" is not going to win this for you.

However, I am not familiar with the HOV rules out there - are they in effect 24 hours/day? The best (only?) defense you may have is that the HOV rules were not in effect at the time of your citation.
 

kinnecter

Junior Member
I agree that the markings and sign on 112th Ave NE are clear in the Google Maps satellite view (the road markings on NE 6th St are not of concern here since once one has turned onto this street, there is no way out). This, however, is an aerial overhead view and is most definitely not very recent. Currently, the overhead boards are obscured by overgrown trees on the side of the street and is only visible when you get really close to it. This is further made difficult to catch if there is a truck in front of you.

Now, I am not saying it is not my fault at all. But, in my opinion, it is not fair to have obscured signs and expect one to know about it 'just because I live in the area'. I didn't.
 

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