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  1. #1
    Join Date
    Nov 2015
    Posts
    1

    Default HOV Lane Ticket After Changing Lanes to Avoid an Accident

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

    I was just ticketed for violating the below section. It was raining hard on a steep downward hill on HWY 50, the vehicle in front of me lost control and hydroplaned a bit. To avoid this vehicle and the others stopped, I had to swerve into the carpool lane. A few seconds later, I realized that traffic was stopped so I could only get in about 500 yards later. Sheriff, not CHP, pulls me over and tickets me. Does the below section apply to my "violation?" Also, if the ticket has an inconsistency, should I point that out at trial (I am planning on pleading not guilty)? The officer indicated I am to appear on a specific date at 1300 AM. When is that? Thanks.

    Section 21655.6.
    (a) Whenever the Department of Transportation authorizes or permits exclusive or preferential use of highway lanes for high-occupancy vehicles on any highway located within the territory of a transportation planning agency, as defined in Section 99214 of the Public Utilities Code, or a county transportation commission, the department shall obtain the approval of the transportation planning agency or county transportation commission prior to establishing the exclusive or preferential use of the highway lanes.

    Thanks in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: HOV Lane Ticket After Changing Lanes to Avoid an Accident

    You're lucky you were only charged with the car pool violation. If they charged you for what they SHOULD have charged you for, you'd get a point (and likely a larger fine).

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: HOV Lane Ticket After Changing Lanes to Avoid an Accident

    Quote Quoting mikeberry
    View Post
    Also, if the ticket has an inconsistency, should I point that out at trial (I am planning on pleading not guilty)? The officer indicated I am to appear on a specific date at 1300 AM. When is that?
    1 PM.

    There is no such thing at 1300 AM so that "inconsistency" is not going to get you out of the ticket.

  4. #4
    Join Date
    May 2013
    Posts
    1,055

    Default Re: HOV Lane Ticket After Changing Lanes to Avoid an Accident

    It sounds like you were driving too fast for conditions, by your own admission. I mean, why would you need to swerve to avoid the vehicle hydroplaning "in front of you." If it was hydroplaning, it had no traction which would mean it couldn't brake effectively. Therefore, you would easily be able to slow down in your own lane.

    If it was beside you, and hydroplaned into your lane, and you moved left to avoid it, that would be a good defense IF you could get the judge to believe it. (I wouldn't recommend changing your story under oath.)

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