Worth contesting traffic ticket or just pay?

[PASS]

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

CA

I had entered an expwy around 4:45 PM (San Tomas Expwy from El Camino Real) by turning right into a right sided HOV lane in Santa Clara. There are 4 lanes in this expwy and in this section the two middle lanes merge into one. I tried to move left over into the next lane to get out of the HOV lane but the two middle lanes merge and the car behind me moved over faster than I did and was just diagonally behind me and and I felt I could not safely move over in front of him. I tried to speed up a little to get in but still did not feel I could squeeze in safely without having to slow down significantly. I realized I was approaching the next intersection already (Benton and San Tomax) and I noticed a cop on the motorcycle waiting at the corner and I finally just slowed down and squeezed over into the middle lane just at the intersection with the green light on.

Well he pulls me over and asks me if I realized that I was in the HOV lane, I said sorry, yes but that I had the blinker on the entire time and was trying to move over but couldn't squeeze in earlier. He explained that the fine for being in HOV lane was about $500 and given that I made a dangerous turn by changing lane in middle of intersection that he would write me up for a dangerous turn which would cost about $100 or so instead. He also went on to explain to me about getting a point and about having it removed if I attended traffic school if I haven't gotten any points before in last 18 months. After that I asked him, how much time frame do I have to move over from HOV to a regular lane and he says before the next intersection was up and I asked what if I couldn't move over in time, then he says I should then exit and make a right turn at that intersection.

Citation: VC 22107 - unsafe turn, speed limit documented approx 30 (speed limit is 45 mpH)

I went home and tried to review the CA driver's DMV manual and it mentions nothing about right lane HOVs and the rules.

Is this worth contesting in court or just pay the fine and go to traffic school?
This is the first ticket that I have ever had and I have lived in CA for 5 years, and have had my driver's license since 17 years ago.

 

[Jim_bo]

Can you provide a picture of the intersection from google maps? I'm having a hard time understanding where the two lanes merge into one, which lane you were in and if you actually did change lanes in the intersection.

 

[Zigner]

Jim -

Enter the following in to Google Maps and then go to the street view and look around. This is a really strange one... El Camino Real & San Tomas Expy, Santa Clara, California 95051

ETA: It sounds like our OP may have, in fact, violated VC22107 - the officer would need to explain why he felt the movement wasn't made with reasonable safety (and no, the fact that he didn't cause an accident does NOT mean it was reasonably safe ):

22107. No person shall turn a vehicle from a direct course or move
right or left upon a roadway until such movement can be made with
reasonable safety and then only after the giving of an appropriate
signal in the manner provided in this chapter in the event any other
vehicle may be affected by the movement.

 

[PASS]

Addendum

I was making a right turn from El Camino Real onto San Tomas Expwy going south into the most right hand lane (which is an HOV lane after 3 PM) and there are 3 other lanes to the left of this. The two middle ones merge into one lane between El Camino Real and Benton, so by the time you reach Benton, there are 3 lanes plus another extra left turning lane.

I don't know how to link the google maps over to here, but you can put in intersections of el camino real and san tomas as well as san tomas and benton. I was heading south from el camino real towardd benton.

I had my left blinker on the whole entire time in the intent of trying to move out of the HOV lane but didn't get to do so until close or at the intersection which I had to slow down to merge in. I think he didn't want to give me a ticket for being in HOV lane but I was technically not in it anymore by the time I reached the intersection.