Can I factually fight a Carpool / HOV Violation 21655.5(b) in California or argue the code itself?
I know all about trial by declaration, etc. but is there any motion for pre-trial discovery here? After reading the Code, I don’t see an opportunity to argue the code factually. I know I can argue my constitutional rights, hope the officer doesn’t show, and/or try to pay it before it’s in the system since a declined payment is a dismissed payment, but does anyone have any pointers to conduct a factual arguement or should I just continue to make my case too painful for the officer / DA via discovery motions?
The code, quoted from California Vehicle Code Section 21655.5 can be found under (b) at:
http://law.onecle.com/california/vehicle/21655.5.html
Go ahead and fight it – the judge can use a laugh.
The only thing he will care about is: “Were you or were you not illegally driving in an HOV lane?”
