Will I Win My Case?

So some of you may remember the ticket I received for exiting the carpool lanes and crossing a double yellow line. The ticket was $381 which I obviously do NOT want to pay. I have composed the following statement of facts which are to play in my defense. How strong do you think my argument is and do you think I have a fair chance at winning my case?

[quotea13f20ba33="Statement of Facts"][ba13f20ba33]STATEMENT OF FACTS

Defendant’s Name xxx
Case No. xxx[/ba13f20ba33]

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead [ba13f20ba33]Not Guilty[/ba13f20ba33] to the charge of violating CVC 21655.8

The facts of my case are as follows While driving northbound on the CA-14 freeway, I safely executed a lane change in the Acton area in which I safely exited the carpool lane. Despite my safe lane change, I was stopped by a CHP Officer (I.D. # xxx) and was charged with a violation of CVC 21655.8. The officer alleged that my lane change was illegal due to the double yellow lines that I crossed during my lane change.

CVC 21655.8 state “[ba13f20ba33][ia13f20ba33]Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.[/ia13f20ba33][/ba13f20ba33]”

Unfortunately, CVC 21655.8 does not clarify or contain any mention of time which the lane change cannot be made. The carpool lanes on CA-14, both north and southbound, have posted hours of operation in which drivers are bound by the rules of the carpool lane. Presumably, outside of the hours of operation, the carpool lane becomes a regular lane. There is no clarification in CVC 21655.8 regarding carpool lanes with posted hours, nor is there any clarification on the posted signs.

The hours of operation posted for the CA-14 northbound carpool lane are 3PM to 7PM; the time of my exit from the preferential lane was approximately 1240AM which puts my lane change well outside of the hours of operation of the preferential use lane.

Since I executed a completely safe lane change and because there is no real clarification regarding lanes with hours of operation in CVC 21655.8, I respectfully ask the Court to dismiss my citation in the interest of justice.

If the court does not find in my favor in this case, I request a Trial de Novo.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date

______________________________
xxx, Defendant in Pro Per[/quotea13f20ba33]

Well, I'm no judge, but as far as the explanation and citation it would seem to me that you are in the right. However, there may be some other law that I am completely unaware of that would work against you in this case. Good luck to you.

I would remove "Unfortunately", as it's not a statement of fact at all. Truthfully, it comes off somewhat sarcastic to me while reading it.

What are the exceptions listed 'under subdivision (b)?'

[quotea52b1d0ed1="doylnea"]What are the exceptions listed 'under subdivision (b)?'[/quotea52b1d0ed1]

Emergency vehicles approaching.

Also, if the CHP officer does not file a report, I am automatically acquited; and if the court finds me guilty, I can get another trial in court which I can either re-present my facts or pay the fine and request traffic school (which in that case I will do the latter). I am depending on the Officer not filing a report.

Quick question; how older where you when you did this?

Pretty much the samething happend to a friend of mine, at the time of his court date he was 18 but he was 17 at the time of the violation and busted him on curfew.

[quote0b3f4736cd="SaraLovely"]Well, I'm no judge, but as far as the explanation and citation it would seem to me that you are in the right. However, there may be some other law that I am completely unaware of that would work against you in this case. Good luck to you.[/quote0b3f4736cd]

Ditto, you sound like you have the facts down and it seems that you were alright to change lanes. Good luck. Maybe the officer will not file. wink

Okay from my understanding as they apply to the HOV lanes in Maryland - you cannot use those lanes during the hours they are not in operation - doesn't mean people don't do it hear but the lanes that have hours on them are supposed to be used during those hours and outside of those hours are not in use. Maybe I have been wrong about it, but thats been my understanding for years.

I have a blow up dummy I put in my passenger seat to ride in the car pool lane =P

[quotece84b90f18="JordanE"]Quick question; how older where you when you did this?

Pretty much the samething happend to a friend of mine, at the time of his court date he was 18 but he was 17 at the time of the violation and busted him on curfew.[/quotece84b90f18]

I was 18 then, 18 now. So curfew is not an issue.

[quotece84b90f18="egyptianruin"]Okay from my understanding as they apply to the HOV lanes in Maryland - you cannot use those lanes during the hours they are not in operation - doesn't mean people don't do it hear but the lanes that have hours on them are supposed to be used during those hours and outside of those hours are not in use. Maybe I have been wrong about it, but thats been my understanding for years.[/quotece84b90f18]

Here it just means that during those hours only the people with 2 or more people can use them. Outside it is supposed to be a regular lane and anyone can go in it.

[quotece84b90f18="manOFice"]I have a blow up dummy I put in my passenger seat to ride in the car pool lane =P[/quotece84b90f18]

I laughed my ass off. lol

basically your type of case has been seen before. motorist was in HOV/carpool lane and changed lanes across 2 solid lines. Signs are posted that state that motorists can only enter and exit at appropriate single sided lines.

What you seem to be fighting is whether or not those rules still apply during off hours. Obviously the two or more people requirement to drive in the lane is not in effect during off peak hours. So the question is whether or not it's ok to exit the hov lane across 2 solid lines during off hours.

I severely doubt that an officer would write you up for a ticket and make the appearance in court looking like a fool for being unaware of basic traffic guidelines. Maybe you pissed him off and he just wants you to make an appearance. The latter is unlikely and I'm sure the officer has wrote the same ticket to other motorist who decided to enter and exit the hov lane at thier own accord.

Bottom line...if crossing the hov line is not illegal during off peak hours then you will not need a letter and a simple verbal explanation will suffice.

[quote34aff4f7f5="good2speed"]basically your type of case has been seen before. motorist was in HOV/carpool lane and changed lanes across 2 solid lines. Signs are posted that state that motorists can only enter and exit at appropriate single sided lines.

What you seem to be fighting is whether or not those rules still apply during off hours. Obviously the two or more people requirement to drive in the lane is not in effect during off peak hours. So the question is whether or not it's ok to exit the hov lane across 2 solid lines during off hours.

I severely doubt that an officer would write you up for a ticket and make the appearance in court looking like a fool for being unaware of basic traffic guidelines. Maybe you pissed him off and he just wants you to make an appearance. The latter is unlikely and I'm sure the officer has wrote the same ticket to other motorist who decided to enter and exit the hov lane at thier own accord.

Bottom line...if crossing the hov line is not illegal during off peak hours then you will not need a letter and a simple verbal explanation will suffice.[/quote34aff4f7f5]

The reason for the letter is as follows

I am doing my case via Trial by Declaration which requires first a written letter. Why am I doing it this way? Mainly because it requires slightly more work for an officer on a regular day (meaning he's not getting OT to show up to court); if he doesn't file the required paperwork. I'm free. If he does and the court finds me guilty, I can request (and did already) a Trial de Novo. A Trial de Novo is basically a second chance for me where this time I HAVE to appear in court. If the cop doesn't show up, I'm good. If he does, I can either re-state my case and hope for a different verdict or request traffic school and pay the fine (which I will do the latter).

That is why I am writing a letter. My chance of being acquitted has increased.

[quote0beb3641bd="EatChex89"]
The reason for the letter is as follows

I am doing my case via Trial by Declaration which requires first a written letter. Why am I doing it this way? Mainly because it requires slightly more work for an officer on a regular day (meaning he's not getting OT to show up to court); if he doesn't file the required paperwork. I'm free. If he does and the court finds me guilty, I can request (and did already) a Trial de Novo. A Trial de Novo is basically a second chance for me where this time I HAVE to appear in court. If the cop doesn't show up, I'm good. If he does, I can either re-state my case and hope for a different verdict or request traffic school and pay the fine (which I will do the latter).

That is why I am writing a letter. My chance of being acquitted has increased.[/quote0beb3641bd]

k. I suppose I was unaware of the traffic laws setup in Ca. In my state basically you get a ticket and have about a month to plead. If you plead guilty you just pay the ticket. If you intend to fight the ticket you just appear in court on the date assigned on the ticket. Of course there are ways to keep rescheduling court dates to where the state/county eventually just decide to reduce or drop the fines all together.

I suppose fighting tickets in Ca is a lot easier since you seem to have multiple options availible to you. Either way good luck on fighting the ticket.

Have you ever heard of ticketassassin.com. Got me off the hook on several tickets.

[quote775256fefb="ricopet"]Have you ever heard of ticketassassin.com. Got me off the hook on several tickets.[/quote775256fefb]

Yea, I'm a paid member although I never got sent that special e-mail address. I followed most of the formatting from one of the letters on there.

do cops even follow throught? I always thought, in Canada especially, that they don't bother showing up...

I know it's been awhile, but I was just researching about this lately and wanted to update you all (whether or not you really wanted to be).

My plead for not guilty was overruled and I was forced to pay the fine. Unfortunately, I procrastinated for too long and never got to do the traffic school so my insurance rates went up 150% from $60 to $132.

I've got one year two months left before the ticket goes away tho. woohoo!

Looks like you learned all the good shit that comes along with putting things off for no good reason.

The best course of action at this point would be to cancel and then drive without your insurance.

[quotefcd55de16f="ilanbg"]The best course of action at this point would be to cancel and then drive without your insurance.[/quotefcd55de16f]

lmao.