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How I beat an HOV lane ticket
Hi,
Some of you may remember when Mr. Sunburn got his HOV lane violation ticket. Unfortunately, he crossed the double yellow line and entered the HOV lane in full view of the CHP. I received an HOV lane violation citation from a CHP about a week later. However, I felt that I was "splitting the lane" and did not actually enter the carpool lane but the officer did not agree. I did not argue with the officer and let him do his job. He was a nice enough fellow. But I knew I was right so I just decided to fight the ticket.
To cut to the chase, I won!
After I decided to fight the ticket, my research found these online resources:
I filed a 'not guilty' plea by mail and paid the bail, $466. I requested a 'Trial By Declaration'. I plead my case on paper via the mail. I submitted a picture of the scene taken at about the same time of day, from the nearest overpass, showing the lane structure, lane markings, and traffic. I included a diagram of the lane structure. I quoted statements from the California Driver's Handbook and the California Vehicle Code which supported my position.
I'm planning to post all of the forms and arguments I submitted in support of my case but most of them are at home. I just wanted to let you know of my good fortune. Here is the diagram that I submitted...
Splitting-Lanes-Diagram (PDF)
Mrs. BassCliff called a few minutes ago to tell me that I had received a letter from the court and asked if I wanted her to open it. I couldn't wait. She opened it and read my 'not guilty' verdict. I will be receiving my bail money back in a few weeks, no points on my driving record, no traffic school, no insurance rate increase, nada, zip, nothing!
And I never had to go to court. Even if the verdict would have turned out 'guilty', I could have requested a 'trial de novo'. This is a "new trial", like an automatic appeal. I would have to show up in court for the trial de novo, and the CHP officer would also have to show up. But this would have been months after the initial citation and he would not be paid for this appearance.
Anyway, I'll post up the rest of my documentation after I get home so that if you feel you have been wrongly cited, you will know how to work the process to your advantage.
Thank you for your indulgence,
BassCliff
Some of you may remember when Mr. Sunburn got his HOV lane violation ticket. Unfortunately, he crossed the double yellow line and entered the HOV lane in full view of the CHP. I received an HOV lane violation citation from a CHP about a week later. However, I felt that I was "splitting the lane" and did not actually enter the carpool lane but the officer did not agree. I did not argue with the officer and let him do his job. He was a nice enough fellow. But I knew I was right so I just decided to fight the ticket.
To cut to the chase, I won!
After I decided to fight the ticket, my research found these online resources:
I filed a 'not guilty' plea by mail and paid the bail, $466. I requested a 'Trial By Declaration'. I plead my case on paper via the mail. I submitted a picture of the scene taken at about the same time of day, from the nearest overpass, showing the lane structure, lane markings, and traffic. I included a diagram of the lane structure. I quoted statements from the California Driver's Handbook and the California Vehicle Code which supported my position.
I'm planning to post all of the forms and arguments I submitted in support of my case but most of them are at home. I just wanted to let you know of my good fortune. Here is the diagram that I submitted...
Splitting-Lanes-Diagram (PDF)
Mrs. BassCliff called a few minutes ago to tell me that I had received a letter from the court and asked if I wanted her to open it. I couldn't wait. She opened it and read my 'not guilty' verdict. I will be receiving my bail money back in a few weeks, no points on my driving record, no traffic school, no insurance rate increase, nada, zip, nothing!
And I never had to go to court. Even if the verdict would have turned out 'guilty', I could have requested a 'trial de novo'. This is a "new trial", like an automatic appeal. I would have to show up in court for the trial de novo, and the CHP officer would also have to show up. But this would have been months after the initial citation and he would not be paid for this appearance.
Anyway, I'll post up the rest of my documentation after I get home so that if you feel you have been wrongly cited, you will know how to work the process to your advantage.
Thank you for your indulgence,
BassCliff
Congrats on the win!
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