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  1. #1
    Join Date
    Mar 2012
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    2

    Default Carpool Lane Violation - Patrol Says He Saw Me from His Side Mirror, It Wasn't Me

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

    I am going to court to contest a carpool violation. I do not have any fancy defense, other than it was not me in the carpool lane.

    I was driving on a 4 lane freeway in Fremont, CA. The highway patrolman said that he saw my car in the carpool lane from the mirror in his car. He said: he was driving in the 3rd lane from the right when he saw me, moved into the 4th lane and then pulled on the shoulder, saw me pass a couple lanes over, then got back into traffic, and moved from the 4th lane to the 2nd lane where he pulled me over. I know confusing, but in essence he "saw" me in his car mirror and then moved across 5 lanes of traffic before pulling me over.

    It was not me in the carpool lane. My only though is that I have a very common looking dark SUV. I was actually merging off the freeway as my exit was less than a half mile away. I am afraid the court will take the patrolman's word over mine. My traffic history is not 100% clean but I don't have anything crazy or out of the ordinary. What can I do? Is seeing someone in a mirror from across a freeway even legal? Any help would be much appreciated! THANKS!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Carpool Lane Violation - Patrol Says He Saw Me from His Side Mirror, It Wasn't Me

    Quote Quoting sfsjamie
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    I am afraid the court will take the patrolman's word over mine.
    I would be afraid that will be the case as well...


    Quote Quoting sfsjamie
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    Is seeing someone in a mirror from across a freeway even legal?
    Why would it not be?

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Carpool Lane Violation - Patrol Says He Saw Me from His Side Mirror, It Wasn't Me

    I would assume seeing someone from a mirror from several score feet away moving at 50 mph would effect the accuracy of your vision. It definitely did for me as I was not the car in the carpool lane. That is why I asked about the legality of using mirrors from a distance. Any advice? Thanks.

  4. #4
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: Carpool Lane Violation - Patrol Says He Saw Me from His Side Mirror, It Wasn't Me

    Quote Quoting sfsjamie
    View Post
    I would assume seeing someone from a mirror from several score feet away moving at 50 mph would effect the accuracy of your vision. It definitely did for me as I was not the car in the carpool lane. That is why I asked about the legality of using mirrors from a distance. Any advice? Thanks.
    The officer's testimony that he saw you commit a violation is all that is required to convict you of it. The onus is on you, via cross-examination, to cast doubt on his testimony, or the "how he saw it", thus trying to prove that there is a reasonable doubt as to whether you committed a violation or not.

    And no, there is no such "mirror-distance" law.

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