HOV Lane Ticket Due to Mistake of Timing

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

I received a HOV violation on WB I-80, west of Roseville CA. Here's my problem: While I did break the letter of the law (by mistake) I absolutely did not break the spirit of the law. It was 0630 (6:30am) and the entire westbound freeway was move at and above the posted 65mph speed limit (mostly above). Thinking the HOV restrictions started at 0700 I simply and innocently moved left on the freeway because I was thru traffic with no intent to exit for 10 miles. I did this right in front of a marked CHP unit!!!

I didn't travel 1/2 mile before the CHP pulled me over. The look of bewilderment on my face when the CHP walked up was clear because he immediately said "you were driving in a restricted HOV lane". I mentioned I thought for sure the restriction began at 0700 - he didn't care. I mentioned there was no advantage for be being there illegally since the whole freeways was cruising along at 65+MPH - again, he didn't care. When I mentioned I had a flawless driving record - he didn't care about that either. He just issued the ticket and sent me on my way. When I found out it was a $470 fine, I understood why this guy had such a big smile on his face - EASY MONEY!!

Here's my dilemma; I can't stand the thought that my driving record will now be blemished with a disgusting HOV violation when I know, and the officer knows, I simply made a mistake. My mistake absolutely did not impact traffic flow or safety nor did I in any way try and gain advantage by moving into this "restricted" lane!!

When did the law become so black and white? If ever there was a time to issue a warning this was it.

I'm planning on fighting the ticket since I can prove the traffic is never slow or backed up at that time in the morning and I can provide a 10-year DMV readout that shows I have no accidents or citations. However, I'm wondering if it's worth the effort?

Is there a way I may save my clean driving record from an HOV violation that I feel I don't deserve?

Thanks,

Phil

The officer is under no obligation to listen to excuses. The HOV lanes turn on at 5AM. Pay the fine. A HOV violation doesn't bring points (provided you were charged for the lane violation and not some moving violation like failure to observe the fine). The several hundred dollars will be a lesson for you to be a little more vigilant to the rules, but your record is not being besmirched.

Thanks for the feedback flyingron,

I understand the "letter of the law" but what about the "spirit of the law" shouldn't that be considered too. I did not break the spirit of the law (there is little traffic at that time of the morning). I don't believe an honest mistake (the officer knew I was in there by mistake) should cost any California driver nearly $500.00. I believe a clean 10-year DMV record proves I am vigilant while driving - that's my point... BTW, the HOV in that area begins at 0600 - So, apparently there is some legitimate confusion about when the restrictions begin...

The spirit of the law is to keep solo flyers out of the HOV reserved lanes. Intent isn't specifically required by the letter or spirit of the vehicle code. Your protestations that you were mistaken as to the effective hours aren't going to fly unless you can show some reliable indication that you should have been believed the hours to be otherwise (incorrect times on signs or printed materials or web sites, etc..). (Typos on my part notwithstanding).

flyingron - Our sworn officers are required to use discretion and good judgment (among a lot of other things) every day - or at least try. If you see someone driving in a restricted lane when there is light traffic and no looming backup, then it's safe to say they are impaired or mistaken since it is a guaranteed no-win no-reward situation. Who in there right mind would put themselves in a no-win no-reward situation? I don't believe a California driver who makes a simple and obvious (glaringly obvious) mistake should be penalized nearly $500.00 for that mistake.

I'm still looking for feedback that may help me avoid paying this rather unfair and stiff fine...

So the cop is supposed to roll over because you CLAIM you THOUGHT the HOV hours were different then every place else in Northern California?
Even if he believed you, which the credibility is strained, there's nothing that indicates why he should be lenient.

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Quoting PenrynBigbird

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If you see someone driving in a restricted lane when there is light traffic and no looming backup, then it's safe to say they are impaired or mistaken since it is a guaranteed no-win no-reward situation.

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Are you saying that you'd like the arresting officer to treat you as though you are impaired? I think you'd be complaining a lot louder if he administered you a field sobriety test on the spot. Your augment about a no-win situation is flawed. Although I don't endorse this myself, I know plenty of drivers who happily flout the HOV restrictions because they believe their time is too important. They're willing to pay the ticket since it's only $500 (I know ONLY $500?). More and more HOV lanes are being modified to accept FastTrak tags so that drivers who want to pay for the convenience of a HOV lane can do so without having to even get a ticket.

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Quoting PenrynBigbird

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I don't believe a California driver who makes a simple and obvious (glaringly obvious) mistake should be penalized nearly $500.00 for that mistake.

I'm still looking for feedback that may help me avoid paying this rather unfair and stiff fine...

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I hate to be the bearer of bad news, but the law and the courts don't agree with this position. I did some research about the need for showing of criminal intent in infraction cases and posted about it here. There's no such requirement. If you don't like how the laws are written, elect some legislators who will change them for you.

Roll over? To what end was there any benefit in ticketing me? To teach me a "lesson"? I've got a clean 10-year DMV printout that proves my driving integrity (that's why I'm fighting the ticket). The ONLY benefit to ticketing me appears to be to put cash in the pockets of multiple cash-starved agencies - period.

My "CLAIM" was supported by the facts - facts he was witness to. Like I said, who is going to enter a no-win no-reward situation on purpose? In other words, he saw that there we 5 other lanes moving as fast and faster than the "illegal" lane I moved in to. Who would do that? Someone trying to intentionally get a ticket? After all, like I said before, I did this right in front of a marked CHP unit. We don't live in a black or white world (well most of us don't) and using some common sense and basic problem solving skills, it's not hard to figure out (without my claims) when someone makes a mistake. Go on the CalTrans Traffic Map at 0630 on any day and check out the traffic flow between Roseville and the I-80 split - it's green and free flowing at that time (just like the day I got my HOV ticket). From what I understand now, there are multiple and different HOV rules and regs throughout the State of California. BTW, you didn't even know when the restriction began (see your own previous post). Not all of us live a life of commuting on a HOV restricted freeway - I never had to.

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Quoting PenrynBigbird

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Roll over? To what end was there any benefit in ticketing me?

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Well, if you're this upset about it, my bet is the next time you drive by an HOV lane, you'll cringe regardless of traffic conditions. Eventually, you might ride solo in the HOV lane but you'll be sure to double check the time restriction twice before you consider it! Therefore, ticketing you served its purpose: compliance with the law!

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Quoting PenrynBigbird

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I've got a clean 10-year DMV printout that proves my driving integrity (that's why I'm fighting the ticket).

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B.F.D. = BIG F***ING DEAL!

I've got a DMV printout that will make you faint. It doesn't make me any worse of a person than you are! And it doesn't mean I'm a bad driver either!



Hell, it didn't even work to convince the officer not to cite you. So tell me then, what good is your clean 10 year DMV oprint out?

And "driving integrity"? Anyone who would claim a clean print out is indicative of his full and complete compliance with the law is only fooling himself!

I can even prove that in under 15 seconds. Watch this:

From your first post:

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Quoting PenrynBigbird

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the whole freeways was cruising along at 65+MPH

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Is that 65+ mean you, along with everybody else on that freeway were cruising along at a speed in excess of 65mph?

You just admitted guilt in violation of 22349(a). So much for your "driving integrity"!

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Quoting PenrynBigbird

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Is there a way I may save my clean driving record from an HOV violation that I feel I don't deserve?

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Your driving record should reflect any records of any citations you received. Considering the FACT that you were caught riding solo in the HOV lanes at a time when you should not have been, your record should reflect such a violation. It works the same way for everyone! Get over yourself!

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Quoting PenrynBigbird

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that's why I'm fighting the ticket.

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You have no basis to fight it. You earned it fair and square. And potential for you to prevail on merit, zero!

If you feel wasting time on top of the fine amount will make you feel better, then by all means, fight on!

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Quoting PenrynBigbird

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My "CLAIM" was supported by the facts - facts he was witness to.

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Facts like you being in the HOV lanes too early for the restriction on solo drivers?

How is that fact going to help you?

I realize that you're speaking of the fact that "traffic was moving"... That so called "fact", is not an element of the offense you were charged with, and thus it has zero impact on the outcome.

Its like running a red light and using "well, I didn't hit anyone" as your defense!

It like driving the wrong way and then saying "but everybody chickened out and pulled over"!

To the OP:

You'll learn very quick this forum is full of vindictive personalities who would absolutely have no problem if speeding even 1mph became punishable by a month in jail.