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  1. #1
    Join Date
    Jan 2015
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    3

    Default Crossing HOV Lane Double Yellow Lines

    My question involves a traffic ticket from the state of: California
    I was traveling on the 210 freeway through Pasadena in the carpool lane with my family at 7 AM on a Wednesday. The tricky part about the 210 is in Pasadena it exits to the right. I have to exit the 210 to stay on the 210. Traffic was moderate to heavy and the HOV lane was going about 45 MPH and the lane to my right looked like it was going 5-10 MPH when the double yellow line turned into broken white lines. There was no open spaces to change lanes until after the broken white lines turned back into double yellow. All of a sudden there was a huge space for me to get over. I checked my mirrors, looked over my shoulder, turned my signal on and very safely changed lanes and started safely working my way across 6 lanes to get to the right lane to continue the 210 freeway. 90 seconds later a motorcycle cop came up behind me and forced me to completely exit the freeway onto the parallel side street and wrote me a ticket telling me I could have run him over. He was a half mile away when I made the lane change and I made sure it was safe to change lanes. I plan on a trial by declaration with this information, but technically, I crossed a double yellow line. If there's no way to get over when it's dashed white lines and it's the only opportunity to get over am I supposed to miss my exit? I did not make any other lane changes on the 210. How can I fight this?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,293

    Default Re: Hov Double Yellow Lines

    Quote Quoting Travost
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    If there's no way to get over when it's dashed white lines and it's the only opportunity to get over am I supposed to miss my exit?
    Yes. That's exactly what you are supposed to do. Miss your exit.

    I got stuck on the Long Island Expressway when the same thing happened to me. Took me ten miles out of my way.

    But it was my fault for not planning far enough ahead to get out of the HOV.

    Just like you didn't plan far enough ahead.

  3. #3
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Hov Double Yellow Lines

    How do you know the cop was 1/2 a mile away? Did you see them? If so, I wouldn't have crossed the double yellow, and crossing the double yellow as you did even if there are not any cops around is still illegal. The only reason allowed for breaking the traffic rules is when there is no other way to safely operate your vehicle. Missing an exit may seem like an emergency situation, but really it's not.

    On going forward, you can do TBD and just hope the cop doesn't respond (and also, don't make any stupid admissions like you did above). You can request Traffic School within the TBD narrative in case you're convicted. In a significant number of cases, cops don't respond to these, so it's worth the effort on your part. If convicted at TBD, you can go for Trial de Novo, and then amend your plea to guilty if the cop shows up in court. At that point, the court is also likely (though not required) to allow Traffic School. At TDN, if you want to get fancy, you can disqualify the judge with a PC 170.6 motion, hoping that if your case is late enough in the court day, no other courts can hear your case the same day and the cop has to show up a second time on a future date. All of this mumbo jumbo is designed to make it harder for the prosecution and to help you avoid responsibility for violating the law.

  4. #4
    Join Date
    Jan 2015
    Posts
    3

    Default Re: Hov Double Yellow Lines

    donzoh1,
    You said not to make stupid admissions. Are you saying to deny doing anything wrong?

  5. #5
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Hov Double Yellow Lines

    Quote Quoting Travost
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    donzoh1,
    You said not to make stupid admissions. Are you saying to deny doing anything wrong?
    Making a stupid admission is a long way from denying you did anything wrong. This concept should be applied from the traffic stop through trial. Don't offer statements that are not true. Don't testify unless you have compelling evidence of your innocence. So no, if you did something wrong, don't deny it, especially under oath. Keep your mouth shut and exercise your right to remain silent.

    In any event, even if you do testify and deny guilt, the cop will be believed unless you can poke serious holes in his credibility. This would go beyond just disagreeing with the cop, even if you have witnesses who agree with you.

  6. #6
    Join Date
    Jan 2015
    Posts
    3

    Default Re: Hov Double Yellow Lines

    when submitting a TBD, do I have to pay the ticket amount?

  7. #7
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Hov Double Yellow Lines

    Quote Quoting Travost
    View Post
    when submitting a TBD, do I have to pay the ticket amount?
    Yes. It might also be that you could submit a separate check for the Traffic School court fee, requesting Traffic School if convicted at TBD. This allows you a chance to win with little downside risk.

    The Courtesy Notice might have the information you need here. Regardless of that, you can send a written request to the court requesting TBD at least 5 days prior to your due date (arraignment date). Then, the clerk will sen you the TBD forms, your bail amount, and new due date.

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