ticketed in carpool lane to avoid accident, for real

[justalayman]

If you really want to fight the ticket, then make it simple. There was an accident with cars stopped in the road. It seemed safer and more practical to use the HOV lane to pass the accident, than to attempt to merge into the busier lane on the right. You and about 8 other cars at that time used the HOV lane to pass the accident. The police ticketed all of you.

It may not work, but in this instance, less is more.

That is, of course, the cop saw those other cars as well. I suspect once the op obtains the cops statement they will not be mentioned what so ever.

 

[LdiJ]

That is, of course, the cop saw those other cars as well. I suspect once the op obtains the cops statement they will not be mentioned what so ever.

He said that the cop ticketed everybody. I also said it might not work.

What I suspect happened here was that the police were irritated that they attempted to pass the accident at all, without the police directing them to do so. So they used their use of the HOV lane as an excuse to give everybody a ticket.

 

[OPAH]

You were a sympathetic poster in your thread. Here, not so much. Please step back from that soapbox.

You got it, apologies

 

[Zigner]

The presumption is that, aside from the inconvenience of waiting for an opening, there was no pressing need for them to enter the carpool lane. The OP will need to overcome that presumption to show that the ONLY viable option was to use the carpool lane. I don't see that happening.

 

[justalayman]

He said that the cop ticketed everybody. I also said it might not work.

What I suspect happened here was that the police were irritated that they attempted to pass the accident at all, without the police directing them to do so. So they used their use of the HOV lane as an excuse to give everybody a ticket.

I can't find where anybody but themselves were ticketed. Can you enlighten me?

Additionally, why drive any further than it required to get beyond the accident. Given the speed limit was 70 mph and presuming there was any traffic in the hov lane he would have accelerated briskly to reach the speed of the traffic flow. He didn't need to travel much at all to get beyond an accident.


Once he pulled into the hov lane he should have had his right tournament signal on to indicate an intent to move back to the normal traffic lane as soon as he passed the accident. I suspect he did not.

 

[Zigner]

He said that the cop ticketed everybody.

No, he implied the opposite (although, it was done with a very confusing statement

4. Why did not the CHP officer stop our drivers who also used the HOV lane?

 

[Zigner]

0. I will show them an iPhone screenshot to prove that there was an accident that day.

You had time to snap a picture (illegally, I might add), but no time to find a safe and legal way to go around. Not a good argument.

1. I will argue that if I had not change lane and stopped in the middle of freeway, there would be great risk for me and other drivers. I know the judge may say you did drive in the HOV lane and that was an volition. I will then show them a few cases where there were big accidents on the freeway and the CHP officer guided cars to drive on HOV lane to pass the traffic spot.

Had a CHP officer guided you in to the HOV lane, then you'd have a good argument against the ticket. That's not what happened here.

2. I will argue the traffic was very light, there was absolute no need for me to cheat to drive on HOV lane.

If traffic was so light then why were you worried about being hit from behind or about merging in to the right lane?

3. I will argue that I have Fastrek and if I wanted to get to the carpool lane, I could. The judge may say you have to use the enter and exit points. I will then argue that it is true, but that violation would give me a warning, not a $500 fine.

There is no requirement that you be given a warning.

4. Why did not the CHP officer stop our drivers who also used the HOV lane?

Irrelevant - besides, there's only one of him...

What do you guys think about my arguments?

They stink.

Thank you very much.

You're welcome.

 

[LdiJ]

I can't find where anybody but themselves were ticketed. Can you enlighten me?

Additionally, why drive any further than it required to get beyond the accident. Given the speed limit was 70 mph and presuming there was any traffic in the hov lane he would have accelerated briskly to reach the speed of the traffic flow. He didn't need to travel much at all to get beyond an accident.


Once he pulled into the hov lane he should have had his right tournament signal on to indicate an intent to move back to the normal traffic lane as soon as he passed the accident. I suspect he did not.

I think that I misread that he ticketed everybody.

However, you misread something too:

After driving a few seconds and passing the accident cars, I changed out of the HOV lane back to my original lane.

 

[justalayman]

I think that I misread that he ticketed everybody.

However, you misread something too:

Not sure what you believe I misread. I realize he did switch back to the normal lane but 70 mph at a few seconds with no turn signal suggest there was no intent to return to then normal lane until he saw the cop.

 

[LdiJ]

Not sure what you believe I misread. I realize he did switch back to the normal lane but 70 mph at a few seconds with no turn signal suggest there was no intent to return to then normal lane until he saw the cop.

There is no possible way that he could have gone from a standstill to 70 mph just passing the accident.

There were about 10 cars between me and the accident cars. We all stopped

You really might want to go back and re-read the original post more thoroughly.

 

[fireman99]

I beg to differ, both made a conscious decision to violate a law and both will end up paying for that decision.

Hi OPAH, did you fight in the court?

 

[fireman99]

As many have already said, HOV violation will not impact my insurance. is that true? My citation code is 21655.5(b).

 

[Zigner]

Hi OPAH, did you fight in the court?

OPAH was hit with a red-light camera violation because he ran a red light in order assist in putting out a fire when another driver was parked on the side of the road without realizing his vehicle was on fire. He went to court to explain his situation, but his witness (the driver whose very life he may have saved) didn't have the courtesy to attend the hearing. Additionally, the fire department failed to generate a report. He was found guilty due to his inability to produce evidence of the emergent situation that he was responding to. His case is nothing like yours.

 

[justalayman]

You really might want to go back and re-read the original post more thoroughly.

They all stopped. Nothing was said anybody else got a ticket like you claim. Maybe you need to read your own posts better and then go back and read the op's post.

 

[LdiJ]

They all stopped. Nothing was said anybody else got a ticket like you claim. Maybe you need to read your own posts better and then go back and read the op's post.

I made mistake about them all getting a ticket. I owned that mistake.

You insisted that the OP was passing the accident at 70 mpg, and did not immediately move back into the original lane, which was impossible, and which was demonstrated by two quotes you. You still have not owned up to those mistakes other than a terse sentence. "They all stopped".