California Ticket For Driving in Car Pool Lane and Crossing Double Lines

[mikectm2]

In Southern California in march, I was going to work on the 10 FWY in ontario in the #1 lane when traffic backed up so hard and fast that i had no option but to divert into the car pool to avoid a collision. moments later a motorcycle CHP gives the lights. I waited until the lane lets drivers exit - rather than cross over the double yellow lines again. that took awhile. he meanwhile blared his siren. i then changed all lanes safely and exited, then stopped at an immediate parking lot. The bail amount is over $700 and i can't afford this at all. I'm a sub teacher and don't work in the summer as it is. Everyone says 'Fight the ticket'. They say: There's the chance the officer will not show up. My question is: If he does, Can I simply just ask if there are any alternatives to the fine? I want to do this anyway/This would be an honest request.

Second question is: For the initial court date/hearing/arraignment what plea do i say? No Contest - right? I think i read on a CA DMW website regarding traffic court that i only have two options - guilty or not guilty though.

i really appreciate the help, believe me.

[CaliforniaMom]

Your options in plea at arraignment are: guilty, not guilty or no contest. If you plead guilty or no contest, you are given a fine, you can ask for payment arrangements or arrange to go to traffic school (crossing the double yellows is a moving violation, carpool solo is not).

If you plead not guilty, you'll be required to post bail (or you can ask for OR -- not guaranteed), you'll go to trial and it will be up to the bench officer what happens to you. Just understand this...in my courthouse, I've seen people be found guilty and the officer was not there and they were not summary trials.

[lwpat]

I've seen people be found guilty and the officer was not there and they were not summary trials.

Then the person did not stand up for their rights. In most states if the officer is not there you can make a motion for dismissal. The judge either has to dismiss or give the state a continuance. Some states have passed laws where you can be found guilty just from the ticket. It would be interesting to see if that is Constitutional.

[mikectm2]

after some more learning 'Fight the Ticket' would be to plead Not Guilty. Then if i'm still found guilty i wouldn't be eligible for traffic school. The traffic court clerk told me i can come in to traffic court and ask the judge for a reduction in the bail amount. i can also ask if there are any alternatives to the fine. if at any point i have to make some kind of plea in order to do this, that plea would be guilty or better no contest.

[chuckycheese]

In my county, people are never found guilty if the cop doesn't appear and you don't have to post bail if you plead 'not guilty'. Obviously, court procedures in California vary.