Ticket for Crossing Over Double Yellow - VC 21655.8(A)

[karney]

Got this citation going 405 north in the area of Segundo exit (not far from 105 exit).
ANY help with this will be appreciated!
The CVC code on the citation is unclear 21655.8(?). I wish I could show this part of ticket to get some help but cannt attach any files.
The location on the ticket is also not well specified.
If the code and location on the ticket are incorrect would it help to fight the ticket?
Thanks!

[That Guy]

The CVC code on the citation is unclear 21655.8(?).

Should be 21655.8(a). Do you mean the officer left that subsection blank or is it that you can't read it?

I wish I could show this part of ticket to get some help but cannt attach any files.

You can upload the file to an image hosting site (ex: imageshack or photobucket) and then use the link that it provides you to post the image on here.

The location on the ticket is also not well specified.

What do you mean not well specified? Read and type the info from the citation.

If the code and location on the ticket are incorrect would it help to fight the ticket?

Best answer to that question would be "It depends"...

[karney]

Hi That Guy, thanks a lot for your respond and recommendations.
This is the unclear information that I have:
http://img824.imageshack.us/g/cvccodenlocationinfo.jpg/

First figure shows:
1 - the CVC code - I do not uncerstand what is written in (???) after 21655.8
2 - the location - it says "N/B" (nearby???), then 405 then S/El Segundo. I do not quite understand wht N/B means as well as "S" before the slash.
Also what are the "Beat 60" and "Area 265"?

Regarding the location...
There are three signs saying "El Segundo":

Second picture/sign says "El Segundo Blvd/El Segundo 1 mile"
Third picture shows the start of the carpool exit soon after the first sign.
Forth picture/sign says "405 freeway/El Segundo"

and then one last picture/sign is here:
http://img204.imageshack.us/img204/7...egundoexit.jpg
which, again, says "405 freeway/El Segundo"

The signs are long distance apart from each other.
Determination of the citation location is critical for my defence.

Here is what happened:
I was using carpool. There was baby in my car who was not seen if someone was following behind. Police car appeared and followed me for a while. I took the carpool exit towards its end (due to heavy traffic) after I saw the first El Segundo 1 mile sign. Police car ordered to stop which I did, again, after a while because I needed to change 4 lanes through the heavy traffic. The officer gave me the "crossing double line" ticket although I am positive that he was pulling me over for the carpool violation.
So, like i said, i believe that citation location is critical in this case because I want to claim that I used carpool exit.
The questions are:
Is there any gap/inconsistency with the CVC code?
Is there any gap/inconsistency witht the citation location that can be used in the defence and how to apply it best.
thanks.
Appreciate your help a lot!

[That Guy]

1 - the CVC code - I do not uncerstand what is written in (???) after 21655.8

It says "21655.8(A) VC CROSSING DOUBLE YELLOWS OUT OF HOV"

Meaning you were in violation of section 21655.8(A) of the Vehicle Code for CROSSING DOUBLE YELLOW lines OUT OF High Occupancy Vehicle lanes.
That's an "(A)"

2 - the location - it says "N/B" (nearby???), then 405 then S/El Segundo. I do not quite understand wht N/B means as well as "S" before the slash.

It says "N/B 405 S/EL SEGUNDO"

Meaning: "NorthBound 405 freeway South of EL SEGUNDO"

Also what are the "Beat 60" and "Area 265"?

Beat and Area refer to the area that the officer is assigned to patrol.

Regarding the location...
There are three signs saying "El Segundo":

Second picture/sign says "El Segundo Blvd/El Segundo 1 mile"
Third picture shows the start of the carpool exit soon after the first sign.
Forth picture/sign says "405 freeway/El Segundo"

and then one last picture/sign is here:
http://img204.imageshack.us/img204/7...egundoexit.jpg
which, again, says "405 freeway/El Segundo"

The signs are long distance apart from each other.
Determination of the citation location is critical for my defence.

I'm not sure what argument you will be able to make regarding the location.. The officer apparently witnessed you crossing the double solid yellow lines out of the (carpool lanes) on the northbound side of the 405 freeway just south of the El Segundo exit.... So as long as that portion of the freeway has an HOV lanes and since the officer will more than likely testify that this is where the violation occurred, what sort of critical element would you suggest you can present to the court to shed any doubt as to the accuracy of the officer's testimony?

I was using carpool. There was baby in my car who was not seen if someone was following behind. Police car appeared and followed me for a while. I took the carpool exit towards its end (due to heavy traffic) after I saw the first El Segundo 1 mile sign. Police car ordered to stop which I did, again, after a while because I needed to change 4 lanes through the heavy traffic. The officer gave me the "crossing double line" ticket although I am positive that he was pulling me over for the carpool violation.

Oh, I get it now... So you're saying that you exited the carpool lanes in an area where the lines are "white/dashed" and the officer initially pulled you over thinking you were riding solo but when he found out you had a baby (that could not be seen while driving) he changed his mind and cited you for crossing double yellow even though you did not cross double yellow!

You're free to make that statement/argument in court. I will tell you that a simple "I did not do it" defense will typically not work!

So, like i said, i believe that citation location is critical in this case because I want to claim that I used carpool exit.

You can make whatever claim you want to make. The decision to believe you or to believe the officer is ultimately, up to the judge. My guess is that he/she will side with the officer.. But that is a mere guess.

Is there any gap/inconsistency with the CVC code?

The code states it is illegal to cross double solid yellow lines out of the carpool lanes. The officer will testify -under oath- that he witnessed you crossing double yellow lines out of the carpool lanes. Personally, I don't see any gap or inconsistency, no.

Is there any gap/inconsistency witht the citation location that can be used in the defence and how to apply it best.

I don't see any gap or inconsistency there either... Sorry!

[karney]

I see...
any other recommendations/suggestions what to do/ how to handle this?

Thanks a lot,
I ought to say you are pretty good based on what I've seen from this and other posts!

[That Guy]

Tough citation to fight, that's for sure... And the only hope that I see here is if the officer does not submit his declaration (assuming you opt to go the "Trial By Written Declaration" route)... if he does, the you have the option to request a new trial ("Trial De Novo") and hope that he doesn't appear.

With that being said, and with this being a 1 point violation, you should also consider traffic school as an option... Successful completion of traffic school will result in an automatic dismissal and no point will appear on your driving record. Although the traffic school option will require that you pay the fine (approximately $446) PLUS a traffic school administrative fee of $49 PLUS whatever enrollment fee the school itself may charge.

Good luck.

I ought to say you are pretty good based on what I've seen from this and other posts!

Thank you, I try...

[karney]

Yep, I was going to request the TBD.
I had to change the appearance date though. Hope this will not affect clerk's respond to the TBD request.
I will send the request later in July.

Thanks again!
Best.

[adam_]

Tough citation to fight, that's for sure... And the only hope that I see here is if the officer does not submit his declaration (assuming you opt to go the "Trial By Written Declaration" route)... if he does, the you have the option to request a new trial ("Trial De Novo") and hope that he doesn't appear.

.

Agreed.

Once the officer said "She crossed the double yellow line", it doesn't matter where you establish the ticket was or where you were pulled over or where the exit is... the judge will side with the cop. Unless you can show there is no double yellow within 4 miles of the exit!

You move out of the carpool lane before he turned on the sirens, correct?

Maybe he will do the right thing and not respond to the TBD if indeed he was making it up just to cover the fact that he radioed in a carpool violation.....

GL

A