ticketed in carpool lane, trying to avoid accident

[nusilver]

I was driving to Roseville, California from Sacramento on Business 80, and I was just hitting rush hour traffic. I slowed down comfortably but the person behind me wasn't paying attention and hit her brakes hard when she realized that everyone was slowing down in front of her. I was afraid that she was going to hit me so I quickly merged into the lane to the left which had much lighter traffic. Noticing after a few hundred yards that I was in a carpool lane and that the restrictions were different from what I thought they were, I tried merging back into the lane I was previously in, but other motorists weren't letting me back in.

While I'm still trying to get back in, a motorcycle CHP sees me in the lane, pulls me over, and writes me a ticket. I tried to explain the situation but he either didn't hear me or didn't care. I plan on fighting this case, but I want to know if anybody thinks I'll have a chance of getting out of it or reducing the fines from the ridiculous $271; also, I'd like to know if this violation is something that would increase my auto insurance in California.

I drive two freeways on a regular basis, 50 and 80, between my home/job in Sacramento and my fiancee's house in West Sacramento. None of the routes I take have carpool lanes in them, and since I'm not familiar with them, that is why I didn't realize I was in violation of the law.

I'm sorry if I've repeated any of my points, but you have to understand that this seems like a huge injustice to me. I've got a 5-year safe driving policy at my insurance provider and a clean driving record. I'm a 22 year old who doesn't drink or do drugs. All I care about right now is being able to afford the wedding ring I've been saving for, and my insurance not going up, because I don't make a lot of money as I'm still in school.

People on these boards often seem very discourteous with their answers--so I'm asking for some real help here from someone who doesn't want to throw it in my face that I violated the law and there's nothing else to it. If anybody thinks they can offer me some valid advice, I'd appreciate it. Email me at [email]mikebrns15@yahoo.com[/email] if you'd rather do it that way as well. Again, I'd really appreciate some honest help here.

Michael

[CdwJava]

Your situation isn't good because your only real defense is "Guilty - but with an explanation". Essentially you will be throwing yourself on the mercy of the court.

A commissioner or judge may have sympathy with your tale, but in all honesty, they have heard the same argument a hundred times before. And even if yours IS true, they are not too likely to buy it. But, if it's all ya got, then go for it ... it might work.

A carpool lane violation is not worth any points on your driver's license and as such shouldn't effect your insurance rates.

Realistically, your best chance lies with the officer not showing in court. As a practical matter, the odds of that are pretty slim when you are dealing with the CHP.

- Carl

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Other people may give you other advice; stand by.

I am not a police supervisor or a judge, but I would like to add to what they have said.

Do not let anyone discourage you from taking your ticket to trial. Everyone should plead not guilty, take their ticket to trial, every time !

Why? Because more than half the time the officers (even the CHP) do not show up for the trial, and that requires an automatic dismissal. And, if they do show up, you can still give up, ask for traffic school, and get it.

So, plead not guilty, and go to trial.

To the judge's list, I would add (I hope he will approve of this): When you are in court, be absolutely truthful and straightforward, don't shade the truth (just follow the oath they will have you swear to). The judge can tell when someone is shading the truth. So he will be able to tell that you are not, and he will appreciate it.

NACOL

Why? Because more than half the time the officers (even the CHP) do not show up for the trial, and that requires an automatic dismissal. And, if they do show up, you can still give up, ask for traffic school, and get it.

Or the court could just continue the case to another day.



To the judge's list, I would add (I hope he will approve of this): When you are in court, be absolutely truthful and straightforward, don't shade the truth (just follow the oath they will have you swear to). The judge can tell when someone is shading the truth. So he will be able to tell that you are not, and he will appreciate it.

True...most people who show up in court don't realize that they are singing a tired old song.

[CdwJava]

Originally Posted by NotACopOrLawyer

Why? Because more than half the time the officers (even the CHP) do not show up for the trial, and that requires an automatic dismissal. And, if they do show up, you can still give up, ask for traffic school, and get it.

In what CA county does THAT dismal no-show rate exist in?

And their not showing does NOT result in an automatic dismissal. It usually ends up that way, but not always.

When I was in SD County, the CHP no-show was about 10% - likely less ... and they usually had an excuse. The officers from local agencies had maybe a 25% no-show rate, and if there was a no-show from my agency without a valid excuse the officer faced disciplinary action from the agency. Where I currently work, the no-show rate for everyone is virtually non-existant. I know of only ONE no-show in four years and it was for a CHP officer who had worked a fatal collision all night and was still at the scene ... the case was continued.

And I certainly don't care if people fight their tickets - it's no skin off my nose. In fact, overtime is helpful to struggling cop families so most of us appreciate the court time.

- Carl

Well now, readers of this thread have two widely divergent stories to choose from.

Total Stranger # 1 (me) says to plead not guilty and take your case to trial, because (I say) more than half the time the cops don't show up.

Total Stranger # 2 says that where he works, there has been only one absence in four years of trials.

If you have trouble determining how much weight to give to each story, there's a way to find out for yourself. Go to your local courthouse on trial day and observe. That's what I do.

# 2 also suggests that even if the cop fails to show, the case won't be dismissed - it'll be continued, so the cop has a second chance.

# 1 (me) says he has never seen, in a traffic case, a continuance to allow the cop to show. But it could happen. The new trial date would need to be within the Speedy Trial time frame, which is often not possible. Unless the defendant agrees to waive time.

My previous advice was:

Plead not guilty.

Tell the truth.

Now I will add to that:

Don't waive time.

NACOL

[CdwJava]

Originally Posted by NotACopOrLawyer

# 2 also suggests that even if the cop fails to show, the case won't be dismissed - it'll be continued, so the cop has a second chance.

In the interests of honesty, that's NOT what I wrote ... what I wrote was: "not showing does NOT result in an automatic dismissal. It usually ends up that way, but not always." Which is true. Perhaps I should have wrote, "... not showing does not necessarily result in an automatic dismissal ..."

I will also add that I have never seen a defendant in traffic court refuse to waive time or even press the issue.

And as for the no show rates, this varies a great deal by county and by agency. The lowest average no-show rate is among the highway patrol ... the highest among sheriff's departments. In my current county, we're small, and the judges get miffed on no shows, so they are virtually non-existant. In larger counties, it's not quite as strict.

And as I said, I have no problem with anyone taking their traffic case to court. On behalf of officers and their wives, I thank them for doing so. In CA these days, that is usually the only source of overtime available.


- Carl

In the interest of resolving this disagreement and also educating us all, I have started a poll, to find out how much the cops show up for trial. It is a new thread.

NACOL

pay the ticket, city/state will thank you.