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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 19768
Experience:  Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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Ticket in hov lane after I merged into regular lane

Customer Question

Hi Ticket in hov lane after I merged into regular lane it was on a ramp merging onto I 15 there are red to green lights that allow up to 2 cars to go at a time and they alternate. Apparently he states he saw me in the HOV lane at the top of the hill which I explain is a lane that doesn't indicate that it becomes an HOV lane that day traffic was congested in California so I moved further down to merge once I was in the regular car lane and about to merge onto the highway he signals me over and asks me for my info he was ticketing me I tried to explain he wouldn't hear. He said it was a no point ticket and wasn't sure what the fine would be for first time offender.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information, can you tell me what your legal question is? If you are asking how much the fine will be, we cannot tell you that and you will need to call the court clerk where the ticket was issued from.
Customer: replied 1 year ago.
No my question is how can I get out of the ticket I never actual went through the lane to go through the light to get ahead I already corrected myself by merging in the correct lane
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your question. When you plead not guilty, you will ultimately have a hearing where you will have to convince the court that your version of the facts is the one they should believe. Assuming that you don't hire a traffic ticket attorney to assist you (which you probably should if you really want to fight this), you can try to convince the court by testifying to the facts and also, if you can, presenting a photo or diagram of the actual highway and where you were when the officer says you were in the HOV lane. If you are saying that they didn't have the ability to see where you were, then you will need to show where they were when they say they saw you, so that you can show they couldn't have seen what they said they did.

The only other way you can beat the ticket is if the law enforcement officer doesn't show up for trial. At that point, you can ask the court to dismiss the ticket. If the officer was called to testify and doesn't show up, which does happen quite often, the court will usually dismiss the ticket.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 22nd. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.
Customer: replied 1 year ago.

I was in The HOV lane at the top of the hill for like 30 seconds then merged i'm asking how can i plead not guilty for the ticket because no one was willing to let me merge before I was forced into the HOV lane unbeknownst to me and once out of the lane the officer still gave me the ticket ... even though I didn't actually use the lane fully if that's actually a legal term ..... is there another lawyer that's is perhaps better versed with california driving law on this site, I feel that I spent money to get an answer that I already knew or was going to do for my court date. No offense, like is it really worth pleading not guilty do i have a case here, that sort of thing?!

Expert:  Marsha411JD replied 1 year ago.
I am well versed in CA traffic law but all traffic laws, and their violations are proven in the same way. If you were in the HOV lane at all at any time, you were in violation of the law. The fact that you moved up there before you could merge is not necessity and is therefore, not a defense. If, on the other hand, you had moved over for an emergency or police vehicle, that would have created a defense.

The facts are not with you on this. You can always plead not guilty and, as I mentioned take a chance that the police officer will not show. That really is your only real chance of getting a dismissal. The laws are what they are, as are your facts, and unfortunately, I cannot change those issues for you.