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  1. #1
    Join Date
    Apr 2018
    Posts
    3

    Default Crossing Double Line from a HOV Lane, VC 216558a

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

    Got a ticket from a CHP officer for crossing a double line exiting out of the HOV lane. I had enough passengers for the HOV-2 and was not speeding.

    I am trying to fight the ticket because I am not eligible for traffic school (I got a ticket about a year ago for taking a left turn when it was prohibited during the time of day and already plead guilty to take traffic school).

    I requested discovery for all of the officers notes and any recordings if available from the custodian of records. The only thing that came back was the officer's note on the back of the note: "Said he was lost."

    Two questions:

    Is there anything I can work with for my defense in court?


    Shortly after I received materials back from the Custodian of records, I received a letter that my trial has been reset at the officer's request. Does this mean the officer is more likely to appear at court?

    More than happy to provide more information. Thank you all in advance.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Crossing Double Line from a HOV Lane, VC 216558a

    Do you know if you did in fact cross the double yellow lines to exit the HOV lane?

    Did you or anyone in your party state that you were lost?

    I'm not seeing anything defense wise based on your initial description but others might come up with something.

  3. #3
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Crossing Double Line from a HOV Lane, VC 216558a

    I told the officer I was unfamiliar with the area, following GPS (which is the truth). I missed my opportunity earlier to exit the HOV lane because traffic was moderate and cars in the next lane over would not let me exit in time. After missing my intended exit, I tried to leave the HOV lane and may have exited just prior to the designated exit area - broken lines.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Crossing Double Line from a HOV Lane, VC 216558a

    Quote Quoting gjunk
    View Post
    After missing my intended exit, I tried to leave the HOV lane and may have exited just prior to the designated exit area - broken lines.
    So you can't even honestly testify that you didn't break the law?

    What sort of defense do you think you could mount?

  5. #5
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Crossing Double Line from a HOV Lane, VC 216558a

    I 'm honestly not sure if I exited the HOV lane early because I saw the broken lines coming up. Being that I missed my exit, my passenger and I were concentrating on the cars in the next lane over so that I can get out of the HOV lane. Since the CHP officer pulled me over, most likely I did cross the double lines - they wouldn't pull me over for no valid reason, right?

    I thought my best option was to at least go to trial because I am not eligible for traffic school and posting here to see if there is any advice on how to proceed. I was also taking a chance that the CHP officer would not show up. I'm reading on the board here that most likely the CHP officer will show up. Not sure if my discovery request triggered the officer to reset the trail, therefore increasing the likelihood he will show up.

  6. #6
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Crossing Double Line from a HOV Lane, VC 216558a

    Even if the OP stated they were lost and following GPS it still gives zero defense for crossing the double solid parallel white lines.

    The most the OP can look forward to is the officer not showing up for court or submitting a TBWD. He can ask for discovery and he will probably get the officers notes, which is all that will probably be used in the trial.

  7. #7
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Crossing Double Line from a HOV Lane, VC 216558a

    Are you charged with 21655.8(a)? If so, and given you have hardly any other options, you can try this. Do TBD and, in your written statement, state something to the effect that 21655.5(a) requires that "Prior to establishing the lanes, competent engineering estimates shall be made of the effect of the lanes on safety, congestion, and highway capacity." Argue that, if no evidence is shown to court the foregoing has been completed, a required element of your offense has not been proven and the charges against you should be dismissed.

    As to your trial being "reset" at officer's request, does this mean you've already been arraigned and the actual court trial date set? Or have you not as yet done anything at all about the ticket?

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