Carpool Lane and Double Yellow Line Violation, in California

[sbaden]

I commute 70 miles a day to work and back on a motorcycle and thus use the carpool lane when ever available. As the carpool lane backs up I also split lanes which is legal. I was pulled over by CHP and cited for crossing the double yellow lines. The officer was sitting in bumper to bumper traffic in the number one lane ahead of me and could only have seen me in his side mirror. I do not believe that I crossed the double yellow lines while splitting lanes and was shocked that he was citing me for that. I had been in the carpool lane for 5+ miles before getting pulled over. My speed at the time was 35 mph and the officer approximated my speed at 45 mph. I truly feel that this was a bogus ticket.

Is there any advice as to what my chances are of fighting this successfully? I have heard that Trial By Declaration is my best option if I write a wordy enough essay.

By the way: The officer states in his citation that I crossed the double yellow lines but cited the incorrect subsection. The subsection he cited me for was for signage which is a non-moving violation but still costs me $381.

[Mr. Knowitall]

If you can get away with paying a non-moving violation ticket with no points, despite the cost, I would personally be tempted.

[sbaden]

If you can get away with paying a non-moving violation ticket with no points, despite the cost, I would personally be tempted.

It certainly is tempting. $381 is so steep. Part of me wonders if the ticket was just for revenue.

[apogee]

It IS revenue generation. I have received the very first moving violation for something other than speed in Oct.2007 on the 405 just north of LAX. Yup, thats right, I crossed over the double yellow line to enter the carpool lane.
The traffic was backed up for miles due to the exodus from California burning down. The traffic was a double bummer. First it is Los Angeles traffic, and secondly Everyone running away because of the evacuations. I enter the freeway at 5mph and eventually make it to the relativaly open carpool lane (I have a passenger). At around the blazing speed of 3mph I enter the carpool lane to get out of the mess. The break in the double yellow line would have been twenty minutes or so to get there staying in the crowded traffic lanes. I merged and about a minute later a CHP with lights and sirens pulls me over to an undepass island medium and cites me. He was very rude and unprofessional too boot. It cost me $381.00 for the bail, an additional $40.00 to the courts to request traffic school, and $25.00 for the school itself. Now what in the heck did I do so wrong that I deserved that? I have to make almost $800.00 to get taxed $500.00 to pay the courts! Do you get it? I think I do. I think the system is broken and NOT getting better. Hold on to your hat and see what happens next.........

[2JIMinCA]

This is interesting. What happened with the OP's ticket??

[sbaden]

I extended the court date to February. I'll ask the judge if it will result in a point on my license. If not I will probably plead no contest. If so I will try to fight it.

[2JIMinCA]

So... what section of the vehicle code were you charged with?

[Jane2008]

I extended the court date to February. I'll ask the judge if it will result in a point on my license. If not I will probably plead no contest. If so I will try to fight it.

I got the same citation in Dec 07 and the bail amount was $380. I checked the "bail schedule 2007 of la county" - the penalty is $100 for 1st offense and $150 for 2nd within one year. Violation # 21655.8 (a).

So why we have to pay $380?! I'm going to file the trial of declaration by attaching the schedule. How big my chance will be? Does the judge have the right to assess the penalty regardless the common scale?

[2JIMinCA]

$100 is the fine. The rest is court fees and administrative costs, etc. It is all just a big ruse to try to suck as much money from you as possible. I don't think anyone can convince me that $380 for a HOV violation is done in the spirit of safety!

[2JIMinCA]

I extended the court date to February. I'll ask the judge if it will result in a point on my license. If not I will probably plead no contest. If so I will try to fight it.

This makes no sense. If you are in court anyway, why not defend yourself? The worst thing that will happen is you will be found guilty and pay the fine.