How to Contest a Carpool / HOV Lane Ticket

Hi everyone

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

I got a ticket for driving alone in carpool lane on San Tomas Expy (carpool lane is the rightmost lane there) in Santa Clara, CA. I came into the carpool lane right before an intersection, thinking I have to exit. When I came closer, I realized that this is not the intersection I was supposed to turn right. I crossed that and tried to come into left lane right after crossing the intersection. A cop pulled me over right after I came into the non-carpool lane.

I explained this to the officer and he just didn't agree with my explanation. Now, what do you folks suggest? Can I even contest this and win (or atleast reduce the fine)? Will hiring a lawyer help?

Thanks!

Also, I want to point out that I was in carpool lane for only 15 seconds. Cop pulled me over right during that time. Do I have a defense that I was going to exit on next intersection and I was not trying to unlawfully drive in carpool lane. The law isn't very clear on how much before exiting can we come into carpool lane.

Quote:

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Quoting achilles.troy

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The law isn't very clear on how much before exiting can we come into carpool lane.

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The law doesn't say anything about it at all:

"21655.5(b) 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. No person shall drive a vehicle upon those lanes except in conformity with the instructions imparted by the official traffic control devices. A motorcycle, a mass transit vehicle, or a paratransit vehicle that is clearly and identifiably marked on all sides of the vehicle with the name of the paratransit provider may be operated upon those exclusive or preferential use lanes unless specifically prohibited by a traffic control device."

So the next question is "What do the signs say"?

I went to Google Maps - street view of the northbound San Tomas Expwy and the first sign I came to says only:

"Right Lane - Carpools Only 6AM - 9AM Mon - Fri"

The next sign says:

"Carpool is 2 or more persons per vehicle."

So far, every intersection that I've come to has a turn lane separate from the HOV lane. The turn lane is marked with an arrow.

That tells me that you cross the HOV lane at the turn lane, you don't drive in the HOV lane. If you drive in the HOV lane without making the turn you get cited.

15 seconds means you were in the HOV lane for 540' (at 25mph). That's about 30 car lengths. Even if you entered the HOV lane at 15mph that's still 330' or about 18 car lengths.

Sorry, but I don't see a defense here.