Ticket for Solo Carpool Violation, But I Was Never in the Carpool Lane

[ididnot]

My question involves traffic court in the State of: Orange County, CA

So I was on the freeway earlier today around 12:30 when there was not much traffic I was going about 70MPH. I was in the fast lane next to the carpool lane and my exit was coming up so I merged over to the left 2 lanes, since its a one of the lanes is closed for construction, and got off the freeway. When I was stopped at the light waiting to make a left I see the CHP 2 cars behind peaking over. I thought it was kind off odd but did not think much. I turn left and then pulls me over. I stopped and he comes over and said all the usual stuff but he did not ask why I thought i was being stopped he simply said "I am stopping you for driving solo in the carpool lane and exiting over a double yellow" all I said was "I was never in the carpool lane". He wrote the ticket and that was it. I did not say this but all I was thinking was the flow of traffic was ok it wasn't stopped for me to have to get in the lane to get somewhere. He did explain if I contest it we would be before a judge and he would have to decide.

so I'm reading the back of the ticket and it says if I contest it I am required to pay the bail amount. Does this mean if I loose they would keep my money or could I still go to traffic school? any idea of what the fine would be? I know I'm looking at over $500 if just pay it.
What would be the reality of me getting it waived or dismissed? What is the best way to go about doing this?
Is there anyway to look up the officers first name or any other info on the office? I have the last name and his No.

This is the first ticket I get ever.

Any advice would be appreciated.
Thanks

[That Guy]

When I was stopped at the light waiting to make a left I see the CHP 2 cars behind peaking over.

I don't know what you meant by this and it might not be relevant but I'm curious!!!

he simply said "I am stopping you for driving solo in the carpool lane and exiting over a double yellow"

Well, driving Solo in the HOV lane is in violation of VC 21655.5(b), it carries a fine of approximately $480 and zero violation points, so it is neither eligible for traffic school nor will you benefit much (as far as the citation) if you attend/take a traffic school course.

Exiting over double yellow is in violation of VC 21655.8(b), that too carries a similar fine amount, but it does carry 1 violation point, and you maybe eligible for a dismissal (though you'd still have to pay the fine + the court's traffic school administrative fee + the fee to the traffic school itself) if you complete the program and submit proof of completion to the court in a timely manner.

So which one were you cited for? Or since he mentioned both, did he cite you for both? (For your sake, let's hope not)!

so I'm reading the back of the ticket and it says if I contest it I am required to pay the bail amount. Does this mean if I loose they would keep my money or could I still go to traffic school?

Well, if you decide to go to traffic school, you would still have to pay the fine +the traffic school fee...

In other words, if you contest it, you will be required to post bail in an amount equal to the fine amount. Once you case is decided and if you are found not guilty or the case is dismissed for whatever reason, then the court will issue a full refund of the bail amount to you in approx 6 to 8 weeks. Alternatively, if you plead guilty or are found guilty after trial, you will have to pay the fine, if you plead guilty and take traffic school or you are found guilty and are allowed to take traffic school, you'll have to pay both, the fine and the traffic school fees.

What would be the reality of me getting it waived or dismissed?

The reality of getting this dismissed is equal to the slim chance that the officer may not appear at trial. You can double that slim chance into a slight chance by choosing to go with a trial by declaration and hoping he does not submit his declaration. Regardless of how you look at it, those chances (slim or slight) are fairly low when it comes to a CHP officer, but I guess the fine is high enough that you may find it all worthwhile.

Is there anyway to look up the officers first name or any other info on the office? I have the last name and his No.

How, why, with what is the officer's "first name" going to benefit you in any way?

Did you tell him: no crap Sherlock

Probably not... You're the only ballsy one who can talk to cops that way!

Then again, that video in your signature implies that one should not talk to the cops in ANY way...

Say that in court & its a confession.

A confession of what? David?

OP is attempting to make the point that he did not need to get in the HOV lanes simply because traffic on the freeway was not backed up... Not sure what he's confessing by saying that!!!

Were your driving a hybrid car (does CA exempt these?)

The exemption for hybrids with the yellow stickers expired this past July 1, 2011!

Currently, only vehicles with the white stickers are exempt.

As of January 1, 2012, vehicles with the green stickers can begin to apply for exemptions and only the first 40,000 applications will be approved.

[quirkyquark]

Apart from everything TG said: unless the officer doesn't show, the ONLY way to possibly beat this on the merits is by poking holes in the officer's testimony at trial. Us laypeople can only do that by being prepared in advance, for which you must know how the cop will testify. So do a trial by declaration -- that way you will get a complete outline of what he will say at trial.

If you were cited for the no-point violation (21655.5), this is a no-brainer. If it is for the 1-point violation (21655.8) AND you are eligible for traffic school, you have to make the call since there is a chance you MAY NOT get the traffic school option after the TBD and/or trial de novo.