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Attorney2, Attorney
Category: Traffic Law
Satisfied Customers: 6334
Experience:  29 Years In General Practice,
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I was trying to establish a defense to a citation for

Customer Question

I was trying to establish a defense to a citation for crossing over into the HOV lane with my transponder for the fast track lane. Apparently the transponder does not allow you to enter the lane except for on exits that are specific to enter the lane.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: there is nothing that addresses that and the only way you would know that is if you were an HOV lane driver. the fast track allows anyone to pay and purchase a transponder to use the lane as a single driver.
JA: What state are you in? It matters because laws vary by location.
Customer: california
JA: Has anything been filed or reported?
Customer: I have an extension to Tuesday then I submit my defense. there are no signs stating crossing over into the lane will be a $490 fine. The lane you cross over does not look like a double white line it looks like a white line that they painted a black line down the middle. it has no plastic bumper detractors like most double yellow lines have
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just understood that there has to be unsafe involved and there was no cars around, intent? I had no idea I could not enter the lane, I had never travelled the lane before.
Submitted: 7 months ago.
Category: Traffic Law
Customer: replied 7 months ago.
When the officer pulled me over and I told him I had the transponder he sort of hesitated as though he wasn't sure if the transponder allowed those who had it to enter the lanes at any location where it was safe. He then said no you cannot cross a double line either white or yellow. Throughout California where they have these lanes there are double yellow lines with the plastic bumper like surrounding the lane but the one I crossed over honestly didn't even look like a double white line and it has no plastic detractors. There is no information any where you can enter except for where you enter near the bus station then half way there is an on and off exit then you actually have to wait until you exit in downtown LA. What's the point of having this service if you cannot get on the lane except for one or two exit areas that are not even the same. One is getting on and off the frwy and the other is crossing over a bro***** ***** line.
Expert:  Phillips Esq. replied 7 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 7 months ago.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

Customer: replied 7 months ago.
I believed that based on the information I submitted you would be able to tell me if my defense was valid when contesting this type of ticket. Not knowing about crossing over a line that does not appear to be a double white line rather a makeshift line. Having no signs posted about crossing over because being a member of the FasTrak allows you to travel the lane. Most of the lines preventing you from entering the HOV have signs directing you and are followed by double yellow lines with plastic reflector bumps all along the sides of them. The line on the 10 frwy has a white line with a black one down the middle. It looks makeshift.
Expert:  Attorney2 replied 7 months ago.

I am a different attorney and it will be my pleasure to assist you. You can ask this question to 5 different police departments and get 5 different answers, they have no idea.

If the lines were unclear or worn that is a defense.

Further, "The cumbersome California Vehicle Code does not specifically mention white solid lines, so some agencies refer to the California Department of Transportation's traffic manual, the state's official guide to proper driving behavior. It says that while "crossing the line is discouraged" because it may be unsafe, it is permitted. In fact, California is one of just a few states where this is allowed."

" California Vehicle Code (VC) § 21460 makes it illegal to drive to the left of a double solid yellow line. However, the law also provides some exceptions. Double yellow lines are usually painted on the road, but the law permits raised pavement markers to be used to indicate double lines.

When You Can Cross a Double Yellow Line

In California, you can cross a double yellow line in these situations:

To pass a slower vehicle – bro***** *****ne on your side. If the double yellow line closest to you is broken (dashed), you may cross them to pass another vehicle. (VC 21460(c)(1).) Do not cross over the lines to pass if the line is solid on your side.

To make a left or U-turn – bro***** *****nes on the inside. If two double yellow lines that are broken on the inside create a turning lane between opposite lanes of traffic, you may use that center lane to make a U-turn or turn left, provided that you follow any other visible signs. Be aware that this type of lane is often used as a turn lane for both directions of traffic, and often arrows are used to indicate where your side is permitted to turn. You can also make a left turn into this center lane to help you merge into traffic to your right. Whether making a left turn from this lane or into this lane, you can travel between the double yellow lines for a maximum of 200 feet. (VC § 21460.5.)

To turn into or out of a private driveway. You may cross a double yellow line to turn into or out of a private driveway. (VC 21460(d)(1).) For example, if you live on a street that is divided by a double yellow line, you may turn into your driveway across the double lines.

To make a legal U-turn. In some circumstances, you can cross a double yellow line to make a U-turn. For example, if you’re in neither a business district nor a residential district, you can cross a double yellow line to make a U-turn as long as you have an unobstructed view for 200 feet. Learn more about U-turns in California.

To get out of the way of an emergency vehicle. If you’re traveling in a carpool lane marked by a double yellow line, you may not exit the lane until the line becomes broken. However, if an emergency vehicle comes up behind you, you must safely cross the double lines to get out of the lane to allow the emergency vehicle to pass. (VC § 21655.8.(b).)

What Happens if You Cross Illegally?

If a law enforcement officer catches you illegally crossing over a double yellow line, you will likely get a ticket and face a hefty fine. You may also receive points on your driver's license for the moving violation. If you cause an accident after illegally crossing a double yellow line, the consequences will be more severe -- you could become financially liable for the other driver's damages and injuries."

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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