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  1. #1
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    Sep 2012
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    Angry Exiting from Carpool Lane, Cited for 21655.8(A)

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

    I was traveling East on the 10 San Bernardino Fwy W/O Garfield Ave, Rosemead area; in the carpool lane with my mother after leaving Union Station. The vehicle in front of me was doing anywhere btwn 60-65 I had flashed my highbeams several times and at one point he was doing 60 and slammed on his brakes. THERE IS NO DOUBLE YELLOW LINE at this particular stretch of the HOV lane so I crossed the white line and passed the slower vehicle. I look in my rearview when I see flashing lights and I start to move over to my right with my signal on; the patrol car proceeded to follow me and stop me, I having grown up around law enforcement, pulled off the fwy at the next exit and pulled into a gas station that was very well lit. At this point I have 2 officers approach both of my front windows and my window was already down and I already had my license out and was getting my reg & ins. They stated I was stopped for speeding; which by the wat I was at this point; and for crossing in & out of the HOV, my mother asked the officer if they had witnessed the other vehicle impeding traffic, BOTH officers stated that they had witnessed the entire incident. When they returned to my vehicle I was then told I was being cited for 22349(a)speeding; 21655.8(a)crossing the double yellow line, and tinted windows. I told the officer I did not have any tint on my front windows at which point he procedded to reach into my vehicle and work my windows! I needless to say threw his arm out of my window and then was at risk of being arrested because some whipper snapper wanted to get tough with 2 women on the roadway at 23:30 on a Wed night. I plan on fighting the 21655.8(a) do I have a shot at winning that part of my case?

  2. #2
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    Sep 2011
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    OH10
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    Default Re: Cited for 21655.8(A)

    Sure, prove the 2 officers were lying, when they said they saw you do it. You are lucky you were not cited for reckless/aggressive driving and being a jerkoff. I suggest you park the Ferrari and buy a cheap car. Is this Lyndsay or Paris?

  3. #3
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    Mar 2009
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    Default Re: Cited for 21655.8(A)

    Quote Quoting pinkbtrfly
    View Post
    I was traveling East on the 10 San Bernardino Fwy W/O Garfield Ave, Rosemead area;
    That is way to vague.... "West of Garfield" would take you through San Gabriel, and then onto the Rosemead area but if you want to consider that entire stretch, we're looking at a 2.9 mile stretch passing New Avenue, Del Mar Ave, San Gabriel Blvd, Walnut Grove Ave, and onto Rosemead Blvd... And while I know for a fact that the double yellow lines are slightly faded in a few short segments, I would seriously doubt that the entire stretch 'does not have yellow lines. So I think it is safe to assume that by "this particular stretch" you meant the shorter stretch where you made the pass...

    Quote Quoting pinkbtrfly
    View Post
    They stated I was stopped for speeding; which by the wat I was at this point; and for crossing in & out of the HOV...
    Not sure what the underlined part means but you exited and re-entered the HOV lanes? And your claim is, both times, there were no double yellow lines at all?

    And just a s a side comment, interesting that you say "they stated..." simply because they go through their ritual of switching places (which you don't see because of 100 trillion candle light they have pointed at you... Then one approaches your driver window while the other one drops back in your blind spot to watch you while partner does all the talking and the writing of the citation. The main reason -typically- only one talks is simply because they only want one officer involved and if you contest the citation, only one officer has to appear to testify

    Quote Quoting pinkbtrfly
    View Post
    I needless to say threw his arm out of my window and then was at risk of being arrested because some whipper snapper wanted to get tough with 2 women on the roadway at 23:30 on a Wed night.
    Sounds to me like one of the women got tough first... But I am not so sure what the time or day of the week had to do with anything.

    But even more interestingly, and even though your claim is that you do not have tinted windows, you're not fighting that allegation, you're only fighting the HOV alleged violation (actually, there were TWO of those; one on exit and one on re-entry)!

    As for your chances, I would say it depends on the condition of the double yellow lines where you crossed (and you know and I know that (1) they are there and (2) the white solid line should have been another clue (as opposed to the white dashed lines when exiting or entering the HOV lanes is permitted) but I understand that does not fulfill the requirement to have double solid yellows. The one idea that may usually help is to take pictures of the lines but since those will be extremely difficult to authenticate and you couldn't really prove that a faded segment was exactly where you exited, I think the court will likely defer to the officer's statement and clearly, he cited you for no other reason but him witnessing you in violation... Add in the little "misunderstanding" at the end, and it will be a cold day in hell before you get any relief on any of the the 3 violations. and you'll have an impossible time convincing the court that the lines were faded at both, the point where you exited and the point you re-entered, but you also have to consider the distance prior to the exact point where you exited and re-entered...

  4. #4
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    Default Re: Cited for 21655.8(A)

    Okay East bound 10 from New Ave to the El Monte Bus terminal exit the carpool lane is no longer divided from the other lanes by double yellow lines, the entire "stretch" is now divided by pure WHITE double lines, so for the 21655.8(a) this V.C. section does not apply! Maybe you should travel that part of the fwy to see the lines aren't faded they are painted fresh WHITE!

    - - - Updated - - -

    The 2 officers approched both my drivers and passengers windows and my window was already down when the officer on my mothers side knocked on her window and asked her to put it down! I am aware of how officers are supposed to act and these 2 officers were completely out of line.

    - - - Updated - - -

    You have obviously not been on that protion of the 10 fwy in the recent months, the entire carpool lane from New Ave to the El Monte bus terminal are now painted white. And funny how the Sgt from that office pulled these 2 officers in and viewed their patrol cam and it was determined that I did not commit any violations! Now I'm stuck because an officer in my opinion did not properly do his job! He didn't even know that there is a section in the V.C. that states if a motorist is not keeping with the flow of traffic to their right and the vehicle behind them makes an audible warning (honking the horn) or flashing your highbeams they are REQUIRED to move to the right...

  5. #5
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    Sep 2010
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    Default Re: Cited for 21655.8(A)

    You broke the law. White vs. Yellow indicates the difference in direction between the two sides of the line not any sort of crossing permission.
    The double parallel lines (white or yellow) are not to be crossed. Here's the California driver's handbook section on HOV lanes:


    Carpool /High Occupancy Vehicles (HOV) Lanes

    A carpool lane is a special freeway lane used only for carpools, buses, motorcycles, or decaled low-emission vehicles. You may use a carpool lane or on-ramp if your vehicle carries the posted minimum number of people required for the carpool lane, or you drive a low-emission vehicle displaying a special DMV-issued decal. Motorcycle riders may use designated carpool lanes, unless otherwise posted.



    Signs at the on-ramp or along the freeway tell you the minimum number of people per vehicle required for the carpool lane(s). These signs also list the days of the week and the hours when the carpool requirement applies. The pavement in this lane is marked with a diamond symbol ◊ and the words "Carpool Lane."

    These lanes are also known as highoccupancy vehicle (HOV) lanes. Do not cross over double parallel solid lines to enter or exit any carpool lane except at designated entry or exit places.


    You should perhaps read your CVC. You're not obliged to move over when passing on the right is permitted.

  6. #6
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    Default Re: Cited for 21655.8(A)

    Quote Quoting pinkbtrfly
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    the entire "stretch" is now divided by pure WHITE double lines, so for the 21655.8(a) this V.C. section does not apply! Maybe you should travel that part of the fwy to see the lines aren't faded they are painted fresh WHITE!
    It indeed DOES apply and you broke the law by your own admission:

    Quote Quoting 21655.8
    (a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.
    Time to pay the piper.

    Quote Quoting pinkbtrfly
    He didn't even know that there is a section in the V.C. that states if a motorist is not keeping with the flow of traffic to their right and the vehicle behind them makes an audible warning (honking the horn) or flashing your highbeams they are REQUIRED to move to the right...
    If that is your assertion, you would be incorrect (again). It was illegal for him to (a) go over 60 and (b) move out of the lane like you did.

    It sounds to me like you have serious road rage issues with your tailgating, honking and high beam flashing. You should probably seek some anger management.

  7. #7
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    Default Re: Cited for 21655.8(A)

    Quote Quoting pinkbtrfly
    View Post
    Okay East bound 10 from New Ave to the El Monte Bus terminal exit the carpool lane is no longer divided from the other lanes by double yellow lines, the entire "stretch" is now divided by pure WHITE double lines, so for the 21655.8(a) this V.C. section does not apply! Maybe you should travel that part of the fwy to see the lines aren't faded they are painted fresh WHITE!
    You actually just proved my point when I suggested that you picked too long of a stretch and offered a different description than what you're offering now. In your original post, you described it as:

    Quote Quoting pinkbtrfly
    THERE IS NO DOUBLE YELLOW LINE at this particular stretch of the HOV lane so I crossed the white line and passed the slower vehicle.
    Now you're describing it as:

    Quote Quoting pinkbtrfly
    View Post
    pure WHITE double lines...
    And that isn't going to work in your favor. In addition to flyingron's post explaining why, here is 21655.8(a):

    21655.8.
    (a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.

    It does not specify the color of double lines, only that they are double parallel solid lines... And if the stretch where you crossed is painted a "pure WHITE double lines..." then you're in violation.

    Quote Quoting pinkbtrfly
    View Post
    The 2 officers approched both my drivers and passengers windows and my window was already down when the officer on my mothers side knocked on her window and asked her to put it down!
    That is because contrary to what you claimed, your windows ARE tinted... He simply asked (probably not "said" anything but only motioned) for the window to be put down so he can monitor your actions while his partner talked to you and wrote the citation -which is exactly what I stated in my last post- The officer on the right side does NOT do much talking simply because that may result in him being required to appear in court. So now you just confirmed that your windows are tinted when earlier you said they weren't.

    Quote Quoting pinkbtrfly
    View Post
    I am aware of how officers are supposed to act and these 2 officers were completely out of line.
    No, you are not, and based on what you've stated, they were not out of line!

    Quote Quoting pinkbtrfly
    View Post
    You have obviously not been on that protion of the 10 fwy in the recent months, the entire carpool lane from New Ave to the El Monte bus terminal are now painted white. And funny how the Sgt from that office pulled these 2 officers in and viewed their patrol cam and it was determined that I did not commit any violations! Now I'm stuck because an officer in my opinion did not properly do his job!
    So you're saying the Sgt from that office isn't aware of the correct language in the CVC? Or are you saying that your description of the lines where you crossed as "...pure WHITE double lines..." isn't accurate? And IF he has confirmed your belief that there was no reason to cite you, then why are you still "stuck"? You mean the CHP has not decided to motion the citation to be dismissed? And if not, now that you know there is a patrol cam, Why not simply request that patrol cam video via discovery (assuming one even exists), have it played in court and expose these two "lying" officers?

    Quote Quoting pinkbtrfly
    View Post
    He didn't even know that there is a section in the V.C. that states if a motorist is not keeping with the flow of traffic to their right and the vehicle behind them makes an audible warning (honking the horn) or flashing your highbeams they are REQUIRED to move to the right...
    The other motorist is not required to commit an infraction by crossing over double lines to give you the right of way. Additionally, it has nothing to do with the "flow of traffic"... the code section you're referring to and misinterpreting describes passing on the left when passing is allowed. You're not allowed to pass on the left in a single HOV lane.

    You're quite the story teller... You should look into a career in writing children's fiction books. Because only children would believe your stories!!! But I'm sure you hear that a lot!

  8. #8
    Join Date
    Apr 2011
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    409

    Default Re: Cited for 21655.8(A)

    You can try fighting it via trial by written declaration, the cop might forget to send theirs in on time (unlikely, but possible), you win. Most CA residents don't seem to know about it. This forum is only concerned with arguing and implying guilt. Even the CA residents who are aware of it, never mention it.

  9. #9
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    Default Re: Cited for 21655.8(A)

    Quote Quoting lostintime
    View Post
    You can try fighting it via trial by written declaration, the cop might forget to send theirs in on time (unlikely, but possible), you win. Most CA residents don't seem to know about it. This forum is only concerned with arguing and implying guilt. Even the CA residents who are aware of it, never mention it.
    Shut your hole.

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