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Using an HOV Lane By Mistake

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  • 04-16-2018, 01:13 PM
    jayboy1
    Using an HOV Lane By Mistake
    My question involves a traffic ticket from the state of: California. On March 12, 2018 I was driving home after a weekend vacation. As I was alone on my trip, I had forgotten to move the clock in my car forward because of Daylights Savings the day before. As I was traveling thru Santa Rosa, I was pulled over for being in the car pool lane. I assumed that the time was 2:50 PM, the officer did not tell me why he had pulled me over, just asked for my paperwork stuff. When he returned he told me I was being cited for being in the car pool lane. I told him the sign said car pool restriction started at 3:00 pm. He told me it was almost 4 PM. He then asked if I had forgotten to set my clock ahead. I realized that was exactly what happened and told him so. He said something to the effect that I should take care of that and left. Is there any consideration in TBD for intent rather than the act? I do not abuse the car pool lane, it was an honest mistake. Or am I just SOL?
  • 04-16-2018, 01:30 PM
    free9man
    Re: Hov Mistake
    It is possible a judge might accept that and let you slide. It's also possible they may not to teach you the valuable lesson of changing your clocks.
  • 04-16-2018, 03:07 PM
    zeljo
    Re: Hov Mistake
    Quote:

    Quoting free9man
    View Post
    It's also possible they may not to teach you the valuable lesson of changing your clocks.

    Are you for real?

    Give it a shot, Jayboy. If a judge/commissioner is so inclined, PEN § 26 (3) certainly gives them ground to let you off the hook.
  • 04-16-2018, 03:58 PM
    free9man
    Re: Hov Mistake
    Quote:

    Quoting zeljo
    View Post
    Are you for real?

    Yes, I am for real. There are some who wear the black robes that are not nice people. That probably wouldn't be the intent of 95% of judges but that's what it will be, an expensive reminder to make sure you change your clocks.

    Quote:

    Quoting zeljo
    View Post
    Give it a shot, Jayboy. If a judge/commissioner is so inclined, PEN § 26 (3) certainly gives them ground to let you off the hook.

    It is possible they will let OP go. It is also possible they won't. TBD is a quick and painless way of finding out.
  • 04-16-2018, 06:36 PM
    Jim Kozlovich
    Re: Hov Mistake
    Quote:

    Quoting zeljo
    View Post
    Give it a shot, Jayboy. If a judge/commissioner is so inclined, PEN § 26 (3) certainly gives them ground to let you off the hook.

    This code section does not apply to traffic citations, it only applies to specific intent crimes and traffic violations are considered general intent crimes. In general intent crimes, such as traffic violations, the prosecution only needs to prove that if you're driving the car, you are responsible for how fast you're going and where/how you were driving.
  • 04-16-2018, 06:47 PM
    sniper
    Re: Hov Mistake
    Quote:

    Quoting zeljo
    View Post
    Are you for real?

    Give it a shot, Jayboy. If a judge/commissioner is so inclined, PEN § 26 (3) certainly gives them ground to let you off the hook.

    Yes he is for real. There is nothing much different to this case than someone pulling out of a drive-thru at night and turning their headlights on antes driving 15 feet on the street simply because they forgot they turned their headlights off.

    Daylight savings time is well advertised and everyone's cell phones adjust automatically. Simply because someone forgets to change their car clock does not automatically get them off the hook for an HOV time violation.

    Clocks are not required to be installed and in working order by the vehicle code. A speedometer is also not required but if you speed, even if you don't have the intent to, you are still speeding and subject to citation.
  • 04-16-2018, 07:59 PM
    Brian57
    Re: Hov Mistake
    Quote:

    Quoting sniper
    View Post
    Yes he is for real. There is nothing much different to this case than someone pulling out of a drive-thru at night and turning their headlights on antes driving 15 feet on the street simply because they forgot they turned their headlights off.

    Daylight savings time is well advertised and everyone's cell phones adjust automatically. Simply because someone forgets to change their car clock does not automatically get them off the hook for an HOV time violation.

    Clocks are not required to be installed and in working order by the vehicle code. A speedometer is also not required but if you speed, even if you don't have the intent to, you are still speeding and subject to citation.

    I highly doubt he is expecting the judge to "automatically let him off." Rather encounter a judge with a reasonable sense of understanding...considering the cause and severity of the violation.

    Actually it shouldn't even be a moving violation because he did not endanger anyone around him...similar to a broken taillight or tinted windows.
  • 04-18-2018, 06:59 PM
    sniper
    Re: Hov Mistake
    Quote:

    Quoting EJay
    View Post

    I would either, A) try calling the PD and getting a hold of the officer and asking if there's anything he can do about the ticket.

    That is almost a 100% no go in every agencies policy. As an officer you are not a prosecutor and do not have the right to plea bargain anything down prior to trial. Most officers I have seen that have been caught by their agency for doing this are usually reprimanded.

    Quote:

    Plus it sounds like you don't live near Santa Rosa which would make it even more of an encumbrance
    This is actually the real reason that TBWD's exist, to not make it an encumberance to physically show up to court to contest the citation.

    Quote:

    Quoting Brian57
    View Post
    Actually it shouldn't even be a moving violation because he did not endanger anyone around him...similar to a broken taillight or tinted windows.

    You're right it shouldn't be, but that's how it's written. More than likely as a deterrence for people to stay out of carpool lanes who don't belong. If you feel passionate about this issue you need to contact your local state representative and ask the moving violation be stripped from this law through proper legislative actions. Otherwise, you are wasting your breath (internet tone not coming across probably, I'm not arguing, just pointing out a more effective method.)
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