Traffic Citation for Crossing Double White Lines

[Jellyrolls]

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

Hello guys, I need your help.. I'm 23 years old and received a citation today cod 21655.8(a) v.c. For crossing double solid white lines on the freeway carpool.

Truthfully I don't remember ever crossing the double lines, and in my 7 years of driving I have never purposely driven over these lines, and I've had a few citations prior, however I have always paid them in full and admitted to the mistake.

This citation must be a mistake, let me explain...

The officer was behind a motorcycle behind me in the carpool for at least a minute before turning on his lights, then I went to the right to move out of the way and he followed. When he pulled me over he and explained I crossed the double white lines I told him twice I truthfully don't remember crossing it, all he said was "well okay" and he continued to his vehicle and wrote the citation.

Please help me... should I fight this ticket with court? What's the most I can do? The ticket and driving school will cost me over $600..

Really appreciate any help and will take all advice and answer questions. Thanks everyone :/

[Who'sThatGuy]

You should file for discovery. See if the patrol car has video recording of the incident and what the officer says in his report.

[Jellyrolls]

You should file for discovery. See if the patrol car has video recording of the incident and what the officer says in his report.

Thanks for the advice will definitely keep this in mind. Should I do a written declaration?

[Highwayman]

If there was a dash cam it is unlikely to have recorded the violation.

[Jellyrolls]

If there was a dash cam it is unlikely to have recorded the violation.

I've heard the process to file for discovery is a pain in the ass, any tips or advice?

[L-1]

I've heard the process to file for discovery is a pain in the ass, any tips or advice?

Because you were stopped on the freeway, more than likely CHP issued the citation. Obtaining discovery from CHP is fairly easy.

When seeking informal discovery on a CHP ticket, mail a copy of your citation to the CHP office it was issued out of. Clearly address the envelope to “Custodian of Records” and attach a letter indicating you are requesting informal discovery in connection with the enclosed citation. In addition to any items you feel are necessary to your defense, be sure to ask for:

1. A copy of the officer’s copy of the citation, including the back side containing any notes he may have made.

2. Copies of all other notes, reports and other documents prepared by the officer in connection with the matter.

3. Copies of the MVARS (patrol car dash cam) video and audio recording of your violation and stop (if one exists).

4. Copies of any personal audio recording the officer may have made during his contact with you (if one exists).

Items 1 & 2 will give you an idea as to what the officer may testify to.

With respect to Items 3 & 4, cameras in CHP vehicles only record when the emergency lights are activated. Usually, those lights are turned on to pull someone over after a violation has been committed, so it is unlikely your violation was captured on video. However, vehicle and officer's personal recorders are used to document contact with a driver after they have been stopped. It is important to review such a recording before going to court. When stopped drivers often spontaneously admit to having committed the violation, or apologize for having done so, or say things that are adverse to their interests. Then they go into court, profess their innocence, claim to be as pure as the driven snow and tell the judge the officer is a lying sack of excrement. At this point (and in rebuttal) the officer pulls out the recording of them admitting their guilt at the time of the traffic stop and plays it for the court, totally destroying their credibility. If the recording shows they were rude and abusive to the officer or used colorful language, it's almost like the officer has just scored bonus points with court. So again, it is important to know what your may have admitted to the officer before you go to court and risk making a fool of yourself.
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CHP Records Custodians are usually pretty prompt in responding. It’s just a matter of making sure your letter reaches them and isn’t lost in the vast bureaucracy, so make sure your letter is properly addressed to the Custodian of Records so it can be routed accordingly. Usually the only delay is if the citing officer is on vacation and unavailable to get a copy of his “green” which is his copy of the citation and notes.

Just a word of advice. You said you don't remember crossing the double lines. Few traffic violations are intentional. Most are the result of inattention and many people don't realize they have committed them. As a result when cited, people will swear on their life that they didn't commit the violation because they honestly believe they did not, when if fact they did, but were so inattentive they didn't realize what they have done. The next time you are driving on the freeway, traveling with the pack at a comfortable speed and because of that, assume you are not speeding, look at your speedometer and see how fast you are really driving. You might be surprised.

My whole point here is you may very well have committed the violation without realizing it.

[Jellyrolls]

Really appreciate your lengthy advice buddy, much appreciated. So what is your best advice for me in the current situation? Go to court for it, plead guilty and get fee reduced?

Still looking for more help and comments