If you received a ticket for violating Vehicle Code section 21655.5, subdivision (b), also referred to as a carpool lane ticket, and you are interested in learning more about the ticket and methods that may be used to fight it, read on.
Vehicle Code section 21655.5 (b) states, in relevant part:
"No person shall drive a vehicle upon those lanes except in conformity with the instructions imparted by the official traffic control devices. A motorcycle, a mass transit vehicle, or a paratransit vehicle that is clearly and identifiably marked on all sides of the vehicle with the name of the paratransit provider may be operated upon those exclusive or preferential use lanes unless specifically prohibited by a traffic control device.”
If you are pregnant but have not yet given birth, you are counted as having only one person in your vehicle under this traffic code section.
Usually, this is a ticket for not having 2 or more persons in the vehicle while driving in the carpool lane and not being in a vehicle that is authorized to use the carpool lane even without having 2 or more persons on board. Thus, you will want to convince the traffic court judge that either:
(1) the officer ticketed the wrong vehicle, or
(2) you have proof that your vehicle is authorized to use the car pool lane at any time.
If you are successful, the Judge will dismiss this ticket.
If you have proof your vehicle was authorized to use the carpool lane, bring it to court and show it to the judge. You can do this in a trial by declaration or by contesting the ticket in court.
But if the ticket if for being in a carpool lane and not having 2 or more persons and you want to contest the ticket, you need to convince the judge that the officer ticketed the wrong vehicle. You can do this by cross-examining the officer. Thus, for this ticket, you will probably want to contest it in a court trial. But even in a trial by declaration, if you can convince the judge that the officer likely ticketed the wrong vehicle and the officer does not respond, the ticket can be dismissed. If you use a trial by declaration make certain to make copies and send everything by certified mail. If you lose a trial by declaration, you have a limited time to request a trial de novo - a court trial.
Here are some sample questions you can modify to ask the officer in court for your case:
"Where were you located when you first observed my vehicle?"
"What time was it when you first saw my vehicle?
"Where was my vehicle when you first saw it?"
"Was the traffic density high, medium or light at that time?
“Were there any other vehicles behind my vehicle?
If yes, "How many vehicles were behind my vehicle? What were the makes and models? What color were they?
"Were there any vehicles ahead of my vehicle?
If yes, "How many vehicles were behind my vehicle? What were the makes and models of these vehicles ? What color were they?
"Was your car (or motorcycle) parked or moving at the time you first saw my vehicle?"
If parked: "Was the engine off?"
If the engine was off:
"Did you start your engine just before you saw the alleged violation, or while it was occurring?"
If off, "What did you do to start your vehicle?"
"Did you turn on your lights?"
"Did you use your two-way radio?" (These questions are aimed at showing the police officer was too distracted to follow the vehicle he or she observed in the carpool lane.)
If during, the officer might have been too busy starting the engine to observe things very well. Ask what the officer did to start the vehicle: turn on ignition, use radio, etc?
If the officer's vehicle was moving:
"Did you have a clear view of the traffic on the road when you claim you observed my vehicle in the car pool lane? What direction were you traveling? how dense was traffic at that time: high, medium or light?
"What time was it when you ticketed my vehicle?"
If the officer does not recall much about the other vehicles on the road, argue in your closing argument to the court that the officer can't remember much of what happened that day and most likely ticketed the wrong vehicle.
On the other hand, if the officer describes other vehicles in great detail, during your closing argument, argue that that the officer may not have observed your car because he or she was so busy watching all the other traffic on the road.
Carpool Lane Ticket Fine
The base fine for a violation of Vehicle Code section 21655.5, subdivision (b), is $100. But that is not the amount you will be asked to pay. Each county adds penalty assessments to the base fine and in 2016, these penalty assessments raise the fine to about $490. The fine will be less in some counties but more in others.
Traffic School is Not available
No points are added to your DMV record for this violation. This is not a moving violation so traffic school is not available.
You want to plead guilty but lack the money to pay the fine or you just lost in court but can't afford to pay the fine.
If you can't afford to pay the fine and can show the court that you are unable to pay the full amount on your traffic ticket, you may request the court to consider your ability to pay. However, you must appear in court to do this. When you appear in court and plead “guilty” at arraignment, you may ask the courtroom Judge to consider your ability to pay and to reduce the fine to be paid. If you plead “not guilty,” after a trial and conviction, you may ask the courtroom Judge to consider your ability to pay in deciding the fine. (Veh. Code, § 42003(c).)
Additionally, regardless of your plea, if you are ordered to pay a fine you may ask the court for an installment payment plan that is based on your ability to pay, or ask the court to approve community service due to financial hardship
Traffic Ticket Attorney
As you can see by the cross-examination questions, fighting and beating this ticket can get a little complicated. There are experienced lawyers available whose practice focus on fighting traffic tickets who can help you.
Good luck.
copyright © 2016 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed.
Disclosure; If you click on the Amazon link below you will be directed to the Amazon website. This short blog post may not contain all the information you would want to have to be able to fight a traffic ticket successfully. If you are in California, for more information, we recommend Fight Your Ticket and Win - California. If you are not in California, we recommend, Beat Your Ticket. Both can be obtained from Amazon by clicking on the links below. We have not received anything from the authors or publishers for recommending these books. We may receive a small commission from Amazon if you make a purchase that will not increase the price you pay.
Good luck.
