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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 26337
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I was driving in California on the freeway next to the

Customer Question

I was driving in California on the freeway next to the carpool lane. It was during moderate traffic hours and I was going the speed limit. Suddenly the driver to my right started to merge into my lane. I honked to let him know I was in his path (I was in his blind spot at the time). But he did not persist changing into my lane so I looked over my shoulder to see if there was room in the carpool lane. There was, so I went there to prevent the collision but doing so I had to cross a double yellow line. And on top of that I was alone in my car so I couldn't be in the car pool lane. After the car gave me room to exit the carpool lane I crossed back to get out. A while down the road an officer pulled me over and he told me it was because he saw me cross the double yellows. Is there any way I can fight this to prove I was simply preventing an accident?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.

Good afternoon. Yes, if you had to take evasive action and/or it was necessary to go into that lane to avoid the accident, then it would be a defense and a justification, for crossing over the double line. If you can convince the court of that, you can fight this. Seeing how you were alone and do not have any witnesses, you would need to testify on your own behalf and likely want to bring in visual aids, to show the Judge the traffic conditions and what happened. You also want to attack the credibility of the officer and their ability to actually see what happened and how long they were observing you for.

Expert:  CriminalDefense replied 1 year ago.

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Expert:  CriminalDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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