Fighting carpool tickets with the truth, appeals
QI was reading the stories on excuses used for carpool-lane violations. My story is this:
I was driving home from Fremont to Walnut Creek on Interstate 880 during evening rush hour. (Normally I took I-680, where the carpool hours at that time ended at 6 p.m.) Shortly after 6 p.m., with traffic piling up in front of me, I pulled into the carpool lane. I quickly became suspicious because no other cars joined me there. So I looked at the next sign showing carpool hours and saw that they ended at 7 p.m. on I-880, an hour later than my usual freeway route. I immediately pulled back out of the carpool lane.
Seconds later a CHP car with flashing lights pulled in behind me. I pulled to the side and the officer took out his ticket book. I just laughed and said something like “that was stupid of me” and explained what had happened to cause me to do it. At first he said I pulled out of the lane because I saw him. I told him that was not what happened, but I was not argumentative. I was prepared to accept the ticket.
Then he said, “OK, I’ll just give you a warning,” which was all I got. I thought that was very decent and thanked him.
A The best defense can be the truth and a calm response. QI got one of these $490 carpool violations on I-80 in Berkeley. I, too, was very angry. The citation was NOT deserved. The officer told me to take it up with the judge.
But instead of appearing in court, I paid the fine and filed a “Request for Trial by Written Declaration.” One writes a concise declaration of facts, signs it and sends to the appropriate court. In about three months, the violation was dismissed and the $490 refunded.
This took about an hour. I did not lose time at work.
I have since advised several people who believed their citation was not valid. After writing what the defendant knew to be the facts, each person got a fair decision and money returned.
M.W.
A Anyone else try this approach?
Q Thanks
for the inspiring stories from readers about how they break traffic laws, endangering themselves and others, but hope to get away with it, courtesy of dash cams. These are the clowns that I dodge every day as they speed, run red lights, drive distractedly, cut me off, and on and on. Keep those heartwarming tales of good citizenship coming!
Steve Johnson Portola Valley A Oh, I will. Q We are planning to visit Los Angeles and will be carpooling. I am currently using an older Fastrak unit without the switch. Will this cause any issues? Ravinder Singh San Jose A Yep. In order to drive for free in the express lanes on Interstate 10 and Interstate 110, you need the switchable Flex transponder set to 2 or 3. You can also use your old transponder to use the express lanes, but you will be charged a toll.
If using any other carpool lanes, they are free and no transponder is needed. But those passenger requirements are in effect 24/7.