Carpool Lane Code 21655.5(B)?

Question

I only use freeway 22 for abt three miles in the morning to go to work but today due to the heavy traffic plus the heat wave from the wildfire. I got on the 22 at Euclid and run for abt 1 miles. I feel irratated by the heat/smoke. I used the carpool lane trying to avoid the traffic and trying to find the exit so I can take breath since I am 7 months pregnant. The minutes i got on the carpoollane. the CHP saw me and pull me over fand give me a ticket right away. I wasn't even drive in the lane for less than 1 mile. I guess i am unlucky . Is there a way that I can avoid for this ticket?

Answer 1

What part of "carpool lane:  2 or more passengers per vehicle" did you not understand?  If you had a real cause, such as a medical emergency or something, then I could understand, but "trying to avoid the traffic" and "trying to find the exit" is the stupidest excuse I have ever heard.

Answer 2

I love the "I only broke the law a LITTLE bit argument. Wish I could have BEEN there to see you get that ticket. If you had gotten away with this, you definitely would have done it again, and again, and again until you WERE cited, so pay up and shut up.HEHEHEHE

Thank you for making my day!!!

P.S.

People are in pain EVERY day, but that STILL doesn't give you the right to ignore the law.

Answer 3

“California law requires that in order to utilize the HOV lane, there must be two (or, if posted, three) separate individuals occupying seats in a vehicle. Until your "passenger" is capable of riding in his or her own seat, you cannot count them.”

*/End of Line.

Answer 4

This is a longshot, but it may work:

CA Vehicle Code Section 21655.5(b) fails to define a person as either born or fetal. In the case People vs. Peterson, a  fetus was used to establish a special circumstance per Penal Code section 189, resulting in a capital murder case and subsequent conviction and sentencing to capital punishment.

With this in mind, it may be possible to argue that your fetus qualifies as a second person to utilize the HOV lane.

If you wish to pursue this, the best thing to do is to write a letter to the court declaring that you are not guilty and to request a "Trail by Written Declaration." You must pay the amount of the fine with your request. It would be best to drop off the request in person at the courthouse. If you wish to mail it, mail it certified with a return reciept. Make sure this is done before the court date on the ticket. If you cannot meet this deadline, call the court and request a 60 day extension.

You will recieve via mail the paperwork for the TBD. Fill this out completly and correctly. Where it asks for your statement, write that CVC Section 21655.5(b) fails to define a person as live or fetal and that your fetus qualifies as a second occupant for legal use of the HOV lane, and request that the case be dismissed based on "lack of foundation" Submit this to the courthouse. If you mail, use certified mail with a return reciept.

If you are found not guilty, your money will be refunded within 60 days. If you are found guilty, you may file for a "Trial de Novo". This must be done within 20 days of the notification of your guilty plea. You will then be given a new trial date to have a live trial. At trial, present the same argument. The verdict at the trial is final, except for a sucessful appeal.

Answer 5

Yea don't drive in the carpool lane. Just being pregnant doesn't give you the right to break laws. The HOV lanes are there to help reduce traffic by encouraging carpooling. If everyone decides to use it for whatever reason they come up with it defeats the purpose of the lanes. Pay your ticket.

Answer 6

Since you are7 months pregnant, I guess you are only "a little" pregnant, just as you only drove in the carpool lane for omly "a little." Pay the fine and take responsibility for your actions!