I need a lawyer's advice - traffic ticket

[racerwad]

just out of curiousity, what freeway was it? i've never seen a freeway in california that had time sensitive carpool lanes. all the ones i've ever seen are clearly marked with a solid white line on the right hand side.

let's see the pics you're going to bring to court.

andy

 

[sean]

i've never seen a freeway in california that had time sensitive carpool lanes. all the ones i've ever seen are clearly marked with a solid white line on the right hand side.

thats why the cop got a good laugh at his expense, i bet the judge will too.

 

[racerwad]

thanks sean; i agree. i don't know a thing about badfysh but his comment makes me think of someone who is driving a bimmer (on lease, natch) and is talking to the LEO while texting on his new blackberry pearl and scheduling his next microderm abrasion.

i grew up there and drove a lot while i lived there and never once saw such a thing. that certainly doesn't mean they can't be there; just haven't heard of one. regardless, they should have a solid white line on the RH side with signage describing appropriate times of use. who knows, we might all be wrong.

andy

 

[sean]

i still can't figure out why he thinks there should be a sign there for hours of operation. i have never seen a full time hov lane posted with a 24-7 sign before.

 

[racerwad]

i think he means a sign that shows the hours that the HOV requirements aren't enforced; eg-between 7p and 5a single occupant vehicles can use the HOV lane. here in washington state, there are such lanes. nevertheless, they are always clearly marked as being HOV. in california, i can't think of a single freeway that had time based exemptions. but again, i could be wrong.

a

 

[sean]

yea i have seen both types, but wouldn't common sense dictate if the hours are not posted the rules are always enforced.

 

[maxyedor]

Hopefully the cop isn't the vengefull type. I'm not sure about $1100 tickets, but for smaller speeding tickets if the cop doesn't show up in court you walk and in 30-90 days you get your money back.

Other than that, explain how the wording of the law was vague (wether or not it's actually vague is a moot point) you fastidiously read the laws regaurding just such a thing and must have simply missunderstood the law, if you can convince the judge that it was a simple missunderstanding and that you really are a nice guy and any mouthing off to the LEO was an anomoly then you should at least get a reduced fine. Stay calm, the Judge doesn't give a shit about you, so if you get testy he will automaticly decide that you lose.

 

[spydrjon]

i still can't figure out why he thinks there should be a sign there for hours of operation. i have never seen a full time hov lane posted with a 24-7 sign before.

In GA the HOV lanes are all 24 hr now. And every interstate with an HOV lane has signs posted that state they are 24 hr lanes.

FIGHT THE POWER !!!:ninja2:

 

[scubaman99]

in california, i can't think of a single freeway that had time based exemptions. but again, i could be wrong.a

Really??? Every freeway in the entire bay area (north, east, south bay and peninsula) that has an HOV lane on it is time based.

5am-9am HOV only
3pm-7pm HOV only

all other times "free for all"

off the top of my head from my last road trip to LA, many of the HOV lanes in down there are the same way, but many of them are changing to 24 hours a day now.

Bad, is this your third HOV violation? the standard fine is around $300. i know the fine doubles for your 2nd offense, and i believe triples for your 3rd. how did you wind up with an $1100 fine?

 

[jcs2179]

exactly Scuba, the point being that one way or another, the lanes are ALWAYS marked.


HEY, YOU KNOW WHAT I'M THINKING?

this calls for the guy who was mouthing off about "his great life" to come back. The guy with the hot air ballons bragging about banging the 22 year-old on bets with his friends?.....c'mon, where is he at?

 

[antichrist]

There could very well be burried in some other section a code stating if there is no signage it's HOV all the time. Sorta like the drivers manuals that say if there is no posted speed limit, residential limits are 25mph. You can't do 50 and then argue in court there was no speed limit sign. Well, you could, but you'd be an idiot. LOL

 

[Golden Oliver]

Looks like he posted in expertlaw.com forum like he said....but no takers.

http://www.expertlaw.com/forums/showthread.php?t=18747

Badfysh, did you get ARRESTED? You mentioned "bail reduction"?

 

[Buddy]

I almost always get a ticket, regardless of how contrite, polite, etc. I doesn't matter if I didn't know I was in the wrong, and it doesn't matter if I did and I admit it and apologize - ticket gets written. Perhaps I'm just unlucky.

Maybe you should try getting some big tits. My ex girlfriend got herself out of so many tickets by just being humble and a little flirty. Oh yeah the D's didn't hurt her either. Specifically I remember her talking herself out of a 95 in a 65 in CO. a 65 in a 45 in NC and then some other 80's in a 55 in the mid west some place. Talk about luck.

 

[Golden Oliver]

Maybe you should try getting some big tits. My ex girlfriend got herself out of so many tickets by just being humble and a little flirty. Oh yeah the D's didn't hurt her either. Specifically I remember her talking herself out of a 95 in a 65 in CO. a 65 in a 45 in NC and then some other 80's in a 55 in the mid west some place. Talk about luck.

Haha. Sounds like your girlfriend is FAST. Just kidding. :smilelol:

 

[Buddy]

Haha. Sounds like your girlfriend is FAST. Just kidding. :smilelol:

You have no idea. But she's an Ex now.

 

[jcs2179]

big DD's= good, crying on a stop = no good :nopity:

 

[Ron]

"residential limits are 25mph. You can't do 50 and then argue in court there was no speed limit sign. Well, you could, but you'd be an idiot."

Actually any jurisdiction is required to sign any speed limit under 55 and there are requirements as to the frequency and placement of the signs.

And yes, no sign=you can drive 55 with some exceptions.

 

[curtis]

Traffic Law 101:

1) If a guy with a uniform, gun, and badge turns on the lights and pulls you over, he owns you. If he said you broke the law, regardless of whether he is right, you broke the law.

2) In the event of (1) above, act like you are guilty and say you are sorry. Don't be a smartass. At worst this will get you shot so you got off easy with an $1100 ticket.

3) Ignorance of the law is NOT a defense. e.g - I will bet the HOV lane was clearly marked as HOV. It may have even explained that this means you need more than one occupant. If there are no other signs than this then it means that these are the minimum requirements: more than one person. Any reasonable person (yes, this is a legal precedent) would know this and assume that all bets are off if this one and only rule is not followed.

4) It is not the governments responsibility to tell you all the inclusions, exclusions, and things legal or illegal in the HOV lane or any other roadway. For example, any reasonable person would know that it is against the law to drive down the HOV lane naked in a convertible shooting a .45 cal while drunk. This will get you thrown in jail. They should not have to put this on a freakin' sign just like they should not have to put up a sign saying it is a 24/7 HOV lane.

What really amazes me is that you would even think you have a fight in this case. The judge is probably going to tell you something close to what I just wrote. But if you want to waste your time and money, by all means, go ahead. Just keep in mind that it is people like you who make for the overly litigious world we live. It seems we are coming to a point where every simple logical rule has to be explained in detail otherwise people bear no responsibility for their own actions.

Oh well, I bet you don't hop over into that HOV lane anymore

 

[p m]

"residential limits are 25mph. You can't do 50 and then argue in court there was no speed limit sign. Well, you could, but you'd be an idiot."

This is not an implied law - it is clearly stated in both CVC and driver's handbook.
Now, while I never take HOV lanes while driving alone, I don't care if other people do, as long as they don't make it a last-microsecond decision to sprint from standstill into 70 mph traffic.
Besides that, I think any ticket should be fought on principle. Unfortunately, I came to a conclusion that the U.S. cops are just as useless as those in Russia or in Mexico. Maybe less corrupt - that is, fill their counties' pockets rather than their own.

Three weeks back, we were driving from Bay Area to San Diego - there was a really bad accident on 152 (Pacheco Pass, a.k.a. Bloody Alley). We were among the first who pulled over to give (or get) some help - besides obvious medical issues to deal with, there was an issue of three lanes of traffic that needed to be stopped or rerouted, for the safety of victims and rescuers, and for paramedics to arrive.
The CHP was the dead last to the scene, 55 minutes after the accident happened (and 911 was called immediately, less than a minute after). The place is within 15 minutes of leisurely drive from Gilroy and Los Banos. I bet the CHP were busy cutting out speeding tickets elsewhere in I5. And, when they arrived, one of them went straight on harrassing the details of the accident out of the only guy from that vehicle (with a broken leg and fractured back, on a verge of passing out from pain) - who wasn't even the driver.
What morons...

 

[racerwad]

Really??? Every freeway in the entire bay area (north, east, south bay and peninsula) that has an HOV lane on it is time based.

thanks for the clarification. growing up and living in socal (where badfysh's profile places him at) there isn't i single freeway that i can recall as such. this certainly doesn't mean that there isn't one there or that has wasn't even in the southland. just recalling.

i'm glad someone pointed out how high the ticket was. i know the fine is steep but there must've been something special happening besides HOV lane violation.

either way, good luck and fight the power!


andy