Exit Double Yellow Line in HOV Lane, California VC 21655.8(A)

[garrett4g]

My question involves a traffic ticket from the state of: California

I received a 21655.8(a) - exiting HOV lane through double yellow lines in CA.

The story:
The carpool exit came up, I tried to exit to the right, there was a car there, and there was a car behind me, I sped up and exiting the carpool lane to the right missing the white dashed area by approximately 25 feet.

My thoughts:
I don’t think this story is any type of good defense; in short I crossed the double yellow.
- Is there any argument for the concern of general safety when exiting the carpool lane?

Next steps on a defense-
- I checked, and the county court location is not closer than the ticket location court to my house / work
- I think the speedy trial defense is 45 days from arrangement but you cant plead by mail because it waves your right to a speedy trial. (I don’t really want to go to court for hours to plead and then hope my court date is past 45 days out).
- I have a clean driving record for 5+ years, with a few speeding tickets before then.
- I’m out of ideas and I’m leaning to one of the following two next steps unless someone has a better idea:
1) Plead not guilty my mail, request court date, extend court date, show up, hope officer doesn’t show up
2) Go for trial by written declaration and hope no response from citing officer and then no appearance in trial de novo.

Concern –
I am proven guilty…. I then request traffic school…. And am denied.

Better Ideas ?

[garrett4g]

More Info I think may be useful to any potential answers out there:

I asked the officer if he knew if this was a moving violation and how many points would be put on my DMV record. He replied, "I don’t know, check with the DMV." Could this be the start of a defense based upon an incompetent officer who doesn’t know the laws he is writing?

[flyingron]

I'll give you a basic hint. The answer to almost every driving issue is to slow down rather than speeding up.

The cop not knowing what the DMV's administrative ramifications is has no bearing on your guilt.

[garrett4g]

I'll give you a basic hint. The answer to almost every driving issue is to slow down rather than speeding up.

The cop not knowing what the DMV's administrative ramifications is has no bearing on your guilt.

Hi There. Thank You for the comment. Unfortunatly, I know slowing would have been better, but I didn't. I hit the right pedal instead of the left. So now I have to figure out how to get out of it. Too bad about the dmv thought..... Any other ideas?

[garrett4g]

UPDATED INFORMATION

So I re-drove the site of the ticket and took pictures / video. It appears that within 2 miles North and 2miles South of the freeway they are 4 areas in which the Carpool lane stripes have actually been removed to the bridge being resurfaced. In short the 100' to 200' sections have no lane markings what so ever.

The area where I was charged of the offense was properly market, but my questions is:
Do I have an argument that the conditions of the carpool lane in the surrounding area are:
1) not marked correctly
2) confusing to drivers
3) In need of repair

Please advise,

[free9man]

1) If the area you were in was marked correctly, this has no bearing on your citation.
2) Unless you are now going to claim you were confused, which you weren't, not relevant to your citation.
3) No bearing on your case if the area you were caught in was in proper repair.