Hi! This is in reference to a CHP citation I received in Long Beach, CA (Los Angeles County) for violating CVC 21655.5(b). I was driving solo in the carpool lane of the on-ramp to the 405N freeway. I was on Willow St., turned left onto Lakewood Blvd, and entered the 405N. Lakewood Blvd/405N map I'm contesting the ticket by written declaration - I figure I have nothing to lose by trying - but I've never done this before, so I'm hoping for some pointers when writing my declaration.

Here's what happened:
The morning I received the ticket, I ran an errand at the Post Office prior to going to work. This took me in a direction opposite to my usual route to work and I wasn't familiar with the specific on-ramp, but I'm familiar with the area so I knew the general direction I'd need to head to get to the freeway and continue to work.

The 405 was visible from the Willow/Lakewood intersection, where I was stopped at a red light in the left turn lane. I figured (correctly) that the on-ramp would be on the right. After turning onto Lakewood Blvd. I saw a "405 - Right 2 Lanes" sign, so I merged one lane to the right to enter the second on-ramp lane. The lane to my right was hardly moving - it was bumper-to-bumper - while my lane was slow, but not stopped like the other lane.

About half a mile before the lanes split into the on-ramp, the dashed white line separating the on-ramp lanes became a solid white line and there was a sign next to the right lane indicating that the lane I was in was a Carpool Only lane. I attempted several times to merge into the SOG lane, but was unable to because there wasn't any room between the cars and they weren't moving very fast. The HOV lane was moving slowly, with frequent brief stops. There was another sign at the actual entrance noting the carpool lane (again, to the right of the right lane), and a "Meter On" light to my left at the entrance.

I was still unable to merge into the SOG metered lane and gave up after a few more tries. When I reached a point on the loop where I could see the meter, I also saw a CHP motorcycle officer watching for HOV violations. He was physically in the metered lane just beyond the metered line, straddling his bike and looking over his shoulder for violators.

When the meter light turned green (2 cars per green), the cars had to swerve around him and into the HOV portion of the on-ramp to continue. Only one car was able to go before the light was again red, and those in the HOV on-ramp had to stop to let the SOG cars in. Anyway, I signed my ticket and went to work.

I traveled the same route later that week at the same time to take some photos and see how traffic normally flows on the on-ramp. I did exactly as I had done previously; this time, I was able to easily merge into the metered lane prior to entering the on-ramp. The HOV lane was moving smoothly, as was the SOG lane - although it was slower. The meter was on, and no CHP officers were present. I also noticed that the shoulders on either side of the ramp are very narrow - likely the reason the officer was stopped inside the lane.

I believe that the officer's presence in the lane impeded the normal traffic flow, thereby resulting in the back-up of cars entering the freeway and my inability to merge into the proper lane.

Any tips for how to draft my declaration? Things to include/not include? Wording that would be appropriate? Any suggestions/advice that might be helpful? Obviously, I can't really argue my point without admitting that I was in the carpool lane - and in violation of the CVC as charged - so I'm not terribly optimistic... but it's worth a try and I'd appreciate any suggestions! And I'm sorry this is so long!

Thanks!

And if anyone knows, when must I submit bail? I'm about to mail a letter to the court requesting TBD (not form TR-205) - must I send a check with my request? 2010 Rules of Court 4.2.10(b)(1-4) seem to indicate that I make my request, the Court "must" extend my appearance date by 25 days and notify me of the new date, and I must submit form TR-205 AND my bail by the new appearance date. Am I reading this incorrectly?



Edited 1 time(s). Last edit at 07/11/2010 07:22PM by llz.

I hope I'm not too late. I've done this a couple times and been semi-successful. You can request an automatic extension online--I think it's 60 days but LA County may different than Orange or San Diego. (I've never gotten at ticket in LA)

Anyway get your extension; download the forms and fill them out. The description you've written here sounds pretty good... basically your tack is "I got in the HOV lane by accident and traffic was so heavy I had a tough time getting out." You have to include a check for the full amount or your "bail" when you send in the forms.

The court will find you guilty and send you a notice of that. Then you have the right to appeal that decision and actually request a "retrial" which will probably actually require a court appearance. (but not always) That will require the citing officer to write a new report which he probably won't do, since by now, six months have passed since he wrote the ticket. You win by default and a month or so later you'll get a check for your bail.



Edited 1 time(s). Last edit at 07/25/2010 09:47AM by Hubcap.

Thank you for your help - and you're not too late! I actually had already requested an extension; the new due date is today (7/26/10). About a week ago, I mailed a letter to the court requesting TBD and notifying the court that I would plead Not Guilty. The court mailed a reply saying they received my letter indicating that I would plead Not Guilty but that before a trial date could be scheduled, I had to mail a check for bail.

I mailed my check and contacted the court on Friday (7/23/10) to make sure they got it before the due date. The clerk I spoke to said that they had received my check and set a court trial date for August 27th. They didn't deny my request for a TBD, they apparently just read the one sentence of my letter stating how I would plead and then didn't read the rest of the letter. So the clerk told me to send another request for TBD, which I am doing today.

I'm not terribly optimistic about the outcome of either a court trial or TBD because the law is written pretty clearly in my case: I was either solo in the HOV lane, or I wasn't. I was. And I can't explain the situation without admitting that I was in the HOV on-ramp lane. But for $446, it's worth a try!