• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HOV violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jpolo

Junior Member
What is the name of your state? California

I would like to know if it is possible to fight and win/or lessen the bail amount for a traffic violation code 21655.5(B).

I was entering a freeway on-ramp during AM rush hour when the regular right turn lane at the entrance had vehicles that would not allow me to enter the lane. This forced me to enter the HOV entrance lane next to it(while metered), but as soon as I entered another vehicle finally let me enter the regular lane. Meanwhile I'm in the regular lane until I reach the top of the on-ramp at the meter where a CHP officer was waiting and waved me over to ticket me. I'm not even sure how on earth the officer saw me because it was at the very bottom entrance and there's hillside curb. In which case the officer literally had to be on his toes to see all this action???? :(

I don't feel that this is fair. Is it worth it to fight....if so, how? Or should I just pay the darn bail.....ouch!What is the name of your state?
 


moburkes

Senior Member
What is the name of your state? California

I would like to know if it is possible to fight and win/or lessen the bail amount for a traffic violation code 21655.5(B).

I was entering a freeway on-ramp during AM rush hour when the regular right turn lane at the entrance had vehicles that would not allow me to enter the lane. This forced me to enter the HOV entrance lane next to it(while metered), but as soon as I entered another vehicle finally let me enter the regular lane. Meanwhile I'm in the regular lane until I reach the top of the on-ramp at the meter where a CHP officer was waiting and waved me over to ticket me. I'm not even sure how on earth the officer saw me because it was at the very bottom entrance and there's hillside curb. In which case the officer literally had to be on his toes to see all this action???? :(

I don't feel that this is fair. Is it worth it to fight....if so, how? Or should I just pay the darn bail.....ouch!What is the name of your state?
I don't understand your argument. If traffic was backed up (is that what you meant?), then why didn't you just wait?
 

The Occultist

Senior Member
So, the bulk of your argument seems to be this: I broke the law, but the officer shouldn't have been able to see me, but did anyways. Do I have that right?
 

jpolo

Junior Member
No no no....I wasn't trying to 'cheat' or 'cut ahead' of anyone. This is a very busy street and freeway entrance during AM rush hour.
I came from another street (Manhattan Beach Blvd) where I had turned left onto this street (Inglewood Ave - 2 lanes). This is a 2 lane left turn, I was on the left lane. After making the left (from Manhattan Beach Blvd to Inglewood Ave.) turn you have to immediately get to the right lane in order to enter the freeway on-ramp. The right lane is a right turn only lane and the left lane gives you 2 options, go straight or turn right on to the on-ramp. During metered times this left-side right turn lane on to the ramp is HOV only......NO ONE was letting me into the right turn lane until the very last moment. I actually turned right from the left lane, but entered the right lane from the base of the on-ramp.

Is this a little more clear?
 

moburkes

Senior Member
No no no....I wasn't trying to 'cheat' or 'cut ahead' of anyone. This is a very busy street and freeway entrance during AM rush hour.
I came from another street (Manhattan Beach Blvd) where I had turned left onto this street (Inglewood Ave - 2 lanes). This is a 2 lane left turn, I was on the left lane. After making the left (from Manhattan Beach Blvd to Inglewood Ave.) turn you have to immediately get to the right lane in order to enter the freeway on-ramp. The right lane is a right turn only lane and the left lane gives you 2 options, go straight or turn right on to the on-ramp. During metered times this left-side right turn lane on to the ramp is HOV only......NO ONE was letting me into the right turn lane until the very last moment. I actually turned right from the left lane, but entered the right lane from the base of the on-ramp.

Is this a little more clear?
Then you should have gone straight, and backtracked, or got on the freeway at the next exit - in order to avoid breaking the law.
 

HomeGuru

Senior Member
I agree. The offense is a moving violation and you were not moving the right way or in the right direction.
 

jpolo

Junior Member
Then you should have gone straight, and backtracked, or got on the freeway at the next exit - in order to avoid breaking the law.
I'm not asking what I should have done, I can't change it now.....I'm asking if it's possible to fight or lessen bail? I didn't continue onto the HOV lane onto the freeway.
 

HomeGuru

Senior Member
I'm not asking what I should have done, I can't change it now.....I'm asking if it's possible to fight or lessen bail? I didn't continue onto the HOV lane onto the freeway.
**A: yes, it is possible. Will the outcome be any different if you fight it? Probably not.
 

Zigner

Senior Member, Non-Attorney
No no no....I wasn't trying to 'cheat' or 'cut ahead' of anyone.
That is patently untrue. You KNOW that the left hand lane is the HOV lane. You should have turned left from the right hand lane, not the left hand lane. You were trying to cut in front of all those poor saps who chose to turn left from the correct lane for the next turn.
 

moburkes

Senior Member
Why is everyone just bashing on me? Isn't this suppose to be an 'advice column'?
You received advice. The next time that you have to make a decision upon entering this entrance ramp, you should make the right one.

In any case, you appear to have blatently violated the law, and should pay the fine and move on. THAT is my advice.
 

jpolo

Junior Member
You received advice. The next time that you have to make a decision upon entering this entrance ramp, you should make the right one.

In any case, you appear to have blatently violated the law, and should pay the fine and move on. THAT is my advice.
Wow, very harsh and stern instead of helpful. Could possibly explain being single. I'm done.
 

moburkes

Senior Member
Wow, very harsh and stern instead of helpful. Could possibly explain being single. I'm done.
How is that harsh? When I speed, and get caught, I pay the fine and move on. I only suggested that you do the same - ie take responsibility for your actions. Is that a new concept for you, or something?:confused:

What would have been helpful? For someone to say that you got hosed? For someone to suggest that the police officer made an error in judgment? Just what type of "helpful" information were you looking for?
 

Hey There

Member
Help is on it's way

jpolo
10-16-07
This reply contains information that pertains to your traffic ticket.
First some references as I inadvertently sent a post with NO information at all. It's my computer's Fault of course!
Your local library should have a book published by NOLO specifically for information and instructions on how to fight a traffic ticket in Ca.
This book explains how to obtain copies of the officer's notes, video if one was taken, copies of the front and back of the traffic ticket by requesting Discovery. It also has explicite instructions on how to cross-examine an officer at trial.
You can also access information on Discovery thru Google by Typing in Discovery for Traffic Tickets. I clicked on the first five websites.
All have instructions on how to apply and what to do if Discovery isn't provided on the first request.
You have the choice of a Letter by Declaration which is writing to the court why your case should be dismissed. If the judge rules against you you are entitled to a new trial.
You can also ask for a continuance which is simply a request made for a later date to appear at arraignment made by contacting the court.
If you choose to contest your ticket you can enter a NOT guilty plea without having to post bail by appearing at Arraignment.
At trial you have the right to cross-examine the officer. At Google
if you type in( How to cross-examine an officer in court ) there are
instructions on the websites on the first page.(I haven't read these however)
A really useful site I went to for getting information on how to fight my traffic ticket citation was Help! I Got A Ticket!This has concise instructions as well as a form that can be downloaded requesting Discovery. George McCalib will also answer questions about your traffic ticket thru an E:mail address given on his website.
Where I live there is a section of the road where cars in the right hand lane designated as RIGHT HAND TURN ONLY can be stuck in that lane when they really want to continue going straight. A polite driver can drop back so the driver stuck in that lane can get on the lane that goes straight.

Let me know if this information was helpful for you.
Regards,
Hey There
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top