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ticketed in carpool lane to avoid accident, for real

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F

fireman99

Junior Member
Hi, I was driving in North Cal 680 South in the morning. It was Friday before the Thanksgiving week so the traffic was very light. After a big curve around Fremont, two cars in my lane were involved in an accident and they stopped on the freeway. There were about 10 cars between me and the accident cars. We all stopped. Then about 8 of the cars changed lane to the left, which is a HOV lane. I followed them and also changed to the HOV lane. After driving a few seconds and passing the accident cars, I changed out of the HOV lane back to my original lane. Then I saw a CHP car on my mirror and then a ticket. I swear if I had not changed out of the HOV lane, I would not get the ticket.

I went to the court pleaded not guilty and the trial is this week.

I am planning to argue with the followings points:

0. I will show them an iPhone screenshot to prove that there was an accident that day.
1. I will argue that if I had not change lane and stopped in the middle of freeway, there would be great risk for me and other drivers. I know the judge may say you did drive in the HOV lane and that was an volition. I will then show them a few cases where there were big accidents on the freeway and the CHP officer guided cars to drive on HOV lane to pass the traffic spot.
2. I will argue the traffic was very light, there was absolute no need for me to cheat to drive on HOV lane.
3. I will argue that I have Fastrek and if I wanted to get to the carpool lane, I could. The judge may say you have to use the enter and exit points. I will then argue that it is true, but that violation would give me a warning, not a $500 fine.
4. Why did not the CHP officer stop our drivers who also used the HOV lane?

What do you guys think about my arguments?

Thank you very much.
 


FlyingRon

FlyingRon

Senior Member
I don't believe your story in the least. If you are travelling at a prudent and safe speed you would not have to take evasive action into the HOV lane.
It's not required that the police stop EVERY violator. Your other arguments are specious.

Pay the fine. There's not even a point involved here.
 
F

fireman99

Junior Member
My speed is 0. I stopped at that moment. But that speed was not safe while the cars on my right lane was moving 70 MPH. That was why I and the cars in front of me decided to take the left HOV lane.
 
S

Silverplum

Senior Member
fireman99 said:
My speed is 0. I stopped at that moment. But that speed was not safe while the cars on my right lane was moving 70 MPH. That was why I and the cars in front of me decided to take the left HOV lane.
Click to expand...
How is it not safe to be stopped and have cars drive past you in another lane?
 
F

fireman99

Junior Member
In the trial, the judge can say "You drive in the HOV lane anyway so you lost".

He/she can not say "I do not believe you so you lost", can he/she?
 
D

drruthless

Member
fireman99 said:
Hi, I was driving in North Cal 680 South in the morning. It was Friday before the Thanksgiving week so the traffic was very light. After a big curve around Fremont, two cars in my lane were involved in an accident and they stopped on the freeway. There were about 10 cars between me and the accident cars. We all stopped. Then about 8 of the cars changed lane to the left, which is a HOV lane. I followed them and also changed to the HOV lane. After driving a few seconds and passing the accident cars, I changed out of the HOV lane back to my original lane. Then I saw a CHP car on my mirror and then a ticket. I swear if I had not changed out of the HOV lane, I would not get the ticket.

I went to the court pleaded not guilty and the trial is this week.

I am planning to argue with the followings points:

0. I will show them an iPhone screenshot to prove that there was an accident that day.
1. I will argue that if I had not change lane and stopped in the middle of freeway, there would be great risk for me and other drivers. I know the judge may say you did drive in the HOV lane and that was an volition. I will then show them a few cases where there were big accidents on the freeway and the CHP officer guided cars to drive on HOV lane to pass the traffic spot.
2. I will argue the traffic was very light, there was absolute no need for me to cheat to drive on HOV lane.
3. I will argue that I have Fastrek and if I wanted to get to the carpool lane, I could. The judge may say you have to use the enter and exit points. I will then argue that it is true, but that violation would give me a warning, not a $500 fine.
4. Why did not the CHP officer stop our drivers who also used the HOV lane?

What do you guys think about my arguments?

Thank you very much.
Click to expand...

I wouldn't mention the IPhone screen shots...
you could find your self with yet another citation for distracted driving:D

..__________________________
~ If you would avoid suspicion,
do not lace shoes in melon field. ~ Chinese proverb
 
justalayman

justalayman

Senior Member
fireman99 said:
My speed is 0. I stopped at that moment. But that speed was not safe while the cars on my right lane was moving 70 MPH. That was why I and the cars in front of me decided to take the left HOV lane.
Click to expand...
So of traffic was so light, wait for an opening and move to the right lane. Seriously, it's a no brainer (and you defeated your own defense, if there really was one, by saying traffic was light so no need to use the HoV lane)
 
LdiJ

LdiJ

Senior Member
fireman99 said:
Hi, I was driving in North Cal 680 South in the morning. It was Friday before the Thanksgiving week so the traffic was very light. After a big curve around Fremont, two cars in my lane were involved in an accident and they stopped on the freeway. There were about 10 cars between me and the accident cars. We all stopped. Then about 8 of the cars changed lane to the left, which is a HOV lane. I followed them and also changed to the HOV lane. After driving a few seconds and passing the accident cars, I changed out of the HOV lane back to my original lane. Then I saw a CHP car on my mirror and then a ticket. I swear if I had not changed out of the HOV lane, I would not get the ticket.

I went to the court pleaded not guilty and the trial is this week.

I am planning to argue with the followings points:

0. I will show them an iPhone screenshot to prove that there was an accident that day.
1. I will argue that if I had not change lane and stopped in the middle of freeway, there would be great risk for me and other drivers. I know the judge may say you did drive in the HOV lane and that was an volition. I will then show them a few cases where there were big accidents on the freeway and the CHP officer guided cars to drive on HOV lane to pass the traffic spot.
2. I will argue the traffic was very light, there was absolute no need for me to cheat to drive on HOV lane.
3. I will argue that I have Fastrek and if I wanted to get to the carpool lane, I could. The judge may say you have to use the enter and exit points. I will then argue that it is true, but that violation would give me a warning, not a $500 fine.
4. Why did not the CHP officer stop our drivers who also used the HOV lane?

What do you guys think about my arguments?

Thank you very much.
Click to expand...
If you really want to fight the ticket, then make it simple. There was an accident with cars stopped in the road. It seemed safer and more practical to use the HOV lane to pass the accident, than to attempt to merge into the busier lane on the right. You and about 8 other cars at that time used the HOV lane to pass the accident. The police ticketed all of you.

It may not work, but in this instance, less is more.
 
O

OPAH

Junior Member
Just read camera on left turn below you're post. it will answers all your questions and show you the most likely outcome
 
Zigner

Zigner

Senior Member, Non-Attorney
OPAH said:
I beg to differ, both made a conscious decision to violate a law and both will end up paying for that decision.
Click to expand...
You were a sympathetic poster in your thread. Here, not so much. Please step back from that soapbox.
 
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