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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29983
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I was sited for speeding in California ( threw the grape vine

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I was sited for speeding in California ( threw the grape vine area) which is a 4-6% grade area. I am a truck driver by trade, this area has 4 lanes of travel; 3 are for normal travel and one is a truck lane, the tree lanes are ( for trucks ) posted at 55mph and the truck lane is 35mph ( for trucks that are loaded ) because of the long decent. Now i understand the safty reasons for this ( so no one burns up thier brakes and crashes ) but i was empty, and i was in brand new equipment with engine braking that worked very well. I was passing the 15-35mph traffic that was in that lane, I was doing 55-60mph when I was paced by the officer. My question is; can I fight this? do I have to use this lane when I am empty and driving conditions are good? Thank you for your time.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 years ago.

Thank you for using Just Answer. Cal Vehicle Code Section 21655, in conjunction with Section 22406, states that, if you are driving a vehicle with three or more axles, where there is a designated truck lane, you must use it and adhere to the speed limit in that lane, unless you are passing another vehicle, in which case you can use the lane immediately to the left of the truck lane.

So, if you were in the lane next to the loaded truck lane, and you were driving 55 mph, you weren't speeding. You were allowed to be there while passing another car. However, if the officer says that you were going over 55, and you think you were going 55-60, you would not be able to successfully fight the ticket.
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