Carpool Lane Violation, CVC 21655(b), With Obscured Signs

[FriscoDude]

Thanks in advance for everyone's input and advice on this situation:

I was ticketed for using a 3 passenger carpool lane onramp with only 2 pax in my car. The ONE & ONLY sign stating 3 + passengers was COMPLETELY hidden by overgrown trees, and not visible AT ALL to drivers.

I believe I am not guilty because the signs were not maintained properly, as stated in Section b of the code I was ticketed under:

The Department of Transportation and local authorities, with
respect to highways under their respective jurisdictions, shall place
and maintain, or cause to be placed and maintained, signs and other
official traffic control devices to designate the exclusive or
preferential lanes, to advise motorists of the applicable vehicle
occupancy levels, and, except where ramp metering and bypass lanes
are regulated with the activation of traffic signals, to advise
motorists of the hours of high-occupancy vehicle usage.


Thanks in advance!

[cdwjava]

Get a picture of the sign and present it as your defense in court. Hope, also, that there were not additional signs between that one and where you were pulled over.

- Carl

[FriscoDude]

Lots of photos from along my route; so I feel I'm OK there.

Can Mistake of Fact be used as a defense in this case?

HOV lane laws vary across the state, with far more lanes being 2+.
I use the 2+ HOV lane on 101 several times a week between RC and SJ. I do not normally use the route I was on when ticketed.

I proceeded onto the HOV because my past experience told me I was legally able to do so, there is no uniform standard on how many pax.

Now, this on-ramp is very short, with cars rushing to get home. Even if I had been able to see the 3+ sign, it comes too late to let you SAFELY change lanes. You're committed. You turn the corner to find 2-3 officers pulling people over.

[cdwjava]

You might get a sympathetic judge .. you might not. All you can do is try.

- Carl