lundi 21 mars 2016

Traffic Lane Violations: Advice for Fighting for Crossing Double White Line into Fasttrack (216558a 29)

My question involves a traffic ticket from the state of: California (Los Angeles)

Hi and thank you in advance for taking the time to field my questions.

I was recently cited for crossing a double white line into a "Fast Track" express lane on the I-110 in Los Angeles. The event happened on a Friday afternoon in rush hour, and I was driving this unfamiliar route between a substitute teaching job in South LA and a doctor's appointment near Hollywood. I was in the left lane of normal traffic (bad traffic), trying to determine if the lane was type of lane it was. I thought the lane might be a bypass express lane rather than a prepaid toll lane--which I believe exists elsewhere in Los Angeles--and as I looked, the car in front of me stopped shortly. Having seen the express lanes completely free and having to think quickly, I swerved into the express lane and continued driving. Shortly after, I saw an officer with a radar gun, who pulled me over and cited me for crossing the double white line into the Fast Track lane. He also asked if I had a "transponder". I said I didn't know what that was, and he explained that I had in fact entered a "Fast Track" lane and that required a prepaid or pay-as-you-go transponder--and gave me a written warning about that.

I understand that I violated a traffic ordinance and there are consequences for that. But there are some mitigating circumstances and I'm wondering if anyone might have any advice for me in trying to reduce or avoid what for me are potentially crippling financial setbacks as a result of this. My questions are the following:

1. The date on the ticket says March 29 and lists the courthouse. This is confusing because when I request an arraignment, I am given a date in early April. So is the date on the ticket just a due date for deciding how I want to handle the ticket? Or am I obligated to show up at the courthouse on the 29th and in early April???

2. Also, am I required to pay the fine amount before my court date? Is that what the "March 29" date is for? Or by requesting an arraignment, can I wait until then to determine when/how much I owe?

3. Is evasion of the car in front of me a valid defense? Particularly because the lane change was made into an empty and therefore safe lane? (Note: I realize ignorance of the law (i.e. not knowing if the lane was pay-only or not) isn't on its own a defense, but my sense is that it would help prove why I'd consider that lane in the first place...)

4. I did not mention a mechanical issue. Earlier that day, my ABS light flashed on on my dashboard. I didn't notice a consistent issue with my brakes; however, on a couple occasions I did experience my brakes "slipping" when pressed. This was on my mind as I swerved out of the lane, as I was not fully confident in my braking abilities at the time. I have since had this issue resolved by a mechanic.

5. The DMV sent me a separate violation for driving in a "Fast Track" lane. This was much cheaper ($30 range) so I fasted for a couple days and used my food budget to pay it. Is this something worth mentioning in the hearing?

6. I know the law doesn't take into account character, but the people who interpret the law may. Any chance that my flawless driving record, lack of criminal record, and career in working with under-served youth help support my argument? (This is not to prove that I am above the law, just that it suggests I am not one to take advantage of a lenient sentence.)

7. I've heard there may be an opportunity to get fees reduced. Is this true? Does anyone have any recommendations for how to strategize this? Would demonstrating my poverty-level income status have any bearing on a potential decision? (Again, not trying to assign myself greater value here. I do know, however, that the amnesty program re: unpaid traffic tickets demonstrates that the local government is open to considering financial hardship when it comes to what are pretty hefty traffic fines.)

I appreciate any advice you may have for helping me resolve this. This is a very serious financial burden for me so I am grateful for any help. Thank you.


Traffic Lane Violations: Advice for Fighting for Crossing Double White Line into Fasttrack (216558a 29)

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