California (hov) carpool violation

[jamesc]

Good day,

Thank You for taking the time to read this, your advice is appreciated. I received a carpool lane violation on the 405 in Orange County, California a few months ago. I tried the trial by mail, I was found guilty, I had to request a trial de novo to ask for traffic school should the judge still finds me guilty. My violation was for pulling a small trailer in the carpool lane. I met all the carpool criterias(2 person, within the speed limit etc) I looked at the official California DMV book(page 27) and it does not say that it is against the law to pull a trailer in the carpool, it says that typically you are not allowed and usually restricted to the right hand lane. My argument is that the law/definition is vague and confusing. I'm wondering if I have a fighting chance, if there are cases where such violation have been dismissed, where I can find them and finally if I can bring them to court for my defense.(My driving record is spotless)

I appreciate your advice/guidance

 

[mightymoose]

Unfortunately, elsewhere in the Vehicle Code you would find that vehicles towing trailers are limited to the two right hand lanes. Had you been abiding by that law you would not have made it over to the HOV lane in the first place.
Your best bet is probably to pay the fines and go through traffic school to keep the violation off your record.

Also, the statement about "typically not allowed" would most likely apply to those common sense situations where you can't use the two right lanes, such as an accident or other obstruction in the lanes, or road construction.

 

[jamesc]

Thank You for the very prompt response. I think I understand now. I thought I was being cited for a carpool violation but the VC on the citation is 22348 which talks about right lane but the officer wrote on the citation "trailer fast lane hov rt lane req" I guess this is where I got confused. I have a court date scheduled would anyone suggest I try to make prior arrangements to ask for traffic school and avoid court or do you think I simply need to appear on the date and request traffic school? I do not want to waste anyone's time but if I do need to appear, would it be offending to ask for a reduction or liniency as it is a first offence?(trying not to be ridiculized in court)

Thank You for the help.