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is it worth fighting a traffic violation for driving solo in carpool lane in california?
I was forced into the carpool lane by a careless driver. It was either stay in the regular lane and get hit or move to carpool lane to avoid accident.
Unless it is likely that the officer is going to dispute your assertion, I think this may be a good case for a trial by declaration. The problem with Patrick’s point is that once you are in the carpool lane, it is illegal to exit the lane over the double yellow line (in fact, illegally crossing the line is a more serious offense than driving solo in the car pool lane). So if you are forced into the lane, you have the Hobson’s choice of either illegally leaving the lane, or illegally driving to the next legal place to leave the lane. (Since the state considers illegally crossing the line to be a safety violation, while illegally driving in the car pool lane is not, the right procedure is probably to stay in the lane until the next lawful exit.)
(Note that if you were cited for illegally entering the lane, you will want to go to traffic school if you don’t win the trial by declaration, so you will want to ask for a trial de novo so you can request that. If you were cited just for driving solo in the lane, that is not a point and will not affect your insurance, so don’t waste traffic school on it.)
Carpool lane in the 405 FWY
