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HOV Violation for changing lanes
Posted by: Kim ()
Date: April 18, 2011 09:55AM

I was pulled over today for a HOV violation on 66 (1 mile away from 495). The far left lane is HOV only. I know this...i was in the center lane and a car was stopped trying to get into the right lane and so I passed him on the left. By doing so, I entered into the HOV lane and the cop pulled me over for HOV violation. I was in the HOV for 10seconds maybe. This is my first offense. Should I fight it in court or not waste my time and just pay? Its a $200 fine.

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Re: HOV Violation for changing lanes
Posted by: MrMephisto ()
Date: April 18, 2011 09:59AM

I'd write it off as a lesson learned. As far as the cop is concerned, you were in the HOV lane, period. You could spend the time to go to court and plead this story, but they'll more than likely just think you got out of the HOV lane when you noticed the cop to avoid a ticket.

Going to court to fight a routine traffic ticket without exceptional circumstances is really just gambling on whether or not the cop that issued the ticket will show up that day.

--------------------------------------------------------------
13 4826 0948 82695 25847. Yes.

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Re: HOV Violation for changing lanes
Posted by: JR ()
Date: April 18, 2011 11:58AM

Fight it. Say you were avoiding a traffic hazard and had to take an evasive maneuver. Even if the judge believes you or not (75% he will), he is almost certain to reduce the cost of the ticket. It all depends on how much you value your time. I fought one ticket and won, only because the cop failed to show.

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Re: HOV Violation for changing lanes
Posted by: Kilton ()
Date: April 18, 2011 12:32PM

LOL. Everyone always has an excuse.

The "evasive maneuver" nonsense doesn't fly when you were in the lane for "10 seconds maybe" (which translates to "At least 20 seconds").

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Re: HOV Violation for changing lanes
Posted by: JR ()
Date: April 18, 2011 12:54PM

Kilton Wrote:
-------------------------------------------------------
> LOL. Everyone always has an excuse.
>
> The "evasive maneuver" nonsense doesn't fly when
> you were in the lane for "10 seconds maybe" (which
> translates to "At least 20 seconds").


You need an excuse so it is his word against the cops; and if you plead safety then the judge will at worst reduce the fine with no points. It’s a win. Judges have heard every excuse in the book; but they love to let the driver off if the cop did a shitty job in the execution of the ticket. Going to court is more about how well did the cop did his job rather than what the driver was doing.

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Re: HOV Violation for changing lanes
Posted by: MrMephisto ()
Date: April 18, 2011 01:00PM

JR Wrote:
-------------------------------------------------------
> I fought one ticket and won, only because the cop
> failed to show.

Again, this is the only time people win against routine traffic or parking tickets. You can go into court with a bullet-proof excuse with proof of speedometer calibration, and the judge is still going to just ask the cop if you did it. The cop says "yes," judge gives you the full fine.

The only time bothering with court is if there are EXCEPTIONAL circumstances; if you swerved into the HOV to avoid an accident and had witnesses, then yeah, go for it (although, the cop probably wouldn't cite you for that anyway). Otherwise, it's going to come down to the facts of the situation, and it sounds like the facts are:

1. You were in the HOV lane.

2. The cop caught you in the HOV lane.

It sucks, but I personally wouldn't waste my time going to court for this.

--------------------------------------------------------------
13 4826 0948 82695 25847. Yes.

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Re: HOV Violation for changing lanes
Posted by: KeepOnTruckin ()
Date: April 18, 2011 01:04PM

Cops dont generally get people while they are on the highway. They usually grab the violators at the exit ramps.

I call bullshit.

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Re: HOV Violation for changing lanes
Posted by: KeepOnTalkin...shit ()
Date: April 18, 2011 01:10PM

KeepOnTruckin Wrote:
-------------------------------------------------------
> Cops dont generally get people while they are on
> the highway. They usually grab the violators at
> the exit ramps.
>
> I call bullshit.


hov lane outside the beltway, not all hov inside the beltway, dumbass.

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Re: HOV Violation for changing lanes
Posted by: Gonads & Strife ()
Date: April 18, 2011 01:32PM

KeepOnTruckin Wrote:
-------------------------------------------------------
> Cops dont generally get people while they are on
> the highway. They usually grab the violators at
> the exit ramps.
>
> I call bullshit.


The cops have some dumbshit motherfucker like the OP pulled over damn-near every day eastbound on 66 just before 495. Regardless, the HOV lane is not a passing lane so fight it all you want OP but you'll still get the full fine.

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Re: HOV Violation for changing lanes
Posted by: Bill N ()
Date: April 18, 2011 03:17PM

JR Wrote:
-------------------------------------------------------
> Even if the
> judge believes you or not (75% he will), he is
> almost certain to reduce the cost of the ticket.

Most of the time the judge will believe the cop, not the driver. Even in those instances where the judge lets the driver off, quite often they will bend over backwards to make it appear that they are doing the driver a favor and that the police officer was in the right to write the ticket. Further I am fairly certain that HOV violations are one of those items where the judge has NO discretion to reduce the fine. I'm guessing that on a typical day the judge may toss out one or two HOV violations at best, not very good odds.

Kilton Wrote:
-------------------------------------------------------
> LOL. Everyone always has an excuse.
>
> The "evasive maneuver" nonsense doesn't fly when
> you were in the lane for "10 seconds maybe" (which
> translates to "At least 20 seconds").

Amazing how you have the ability to divine not only that a person is lying, but by how muuch. You must have been Karnac the Magnificient in another life.


JR Wrote:
-------------------------------------------------------

> they love to let the driver off if the cop did
> a shitty job in the execution of the ticket.
> Going to court is more about how well did the cop
> did his job rather than what the driver was doing.

Let's just say my observations differ.

KeepOnTruckin Wrote:
-------------------------------------------------------
> Cops dont generally get people while they are on
> the highway. They usually grab the violators at
> the exit ramps.
>
> I call bullshit.

Spend a couple of days in traffic court, either in Fairfax or Arlington and you'll see it differently.

Gonads & Strife Wrote:
-------------------------------------------------------

> Regardless, the HOV lane is not a
> passing lane so fight it all you want OP but
> you'll still get the full fine.

It is also illegal to come to a complete stop in moving traffic simply because he or she effed up and didn't get over before the exit. Sudden emergency is a legitimate reason to move into the HOV lane or the sholder of the road, but getting the judge to believe it was a sudden emergency is another matter. If you are coming up slowly, could have safely stopped and instead CHOSE to use the HOV lane as a passing lane then you don't have a sudden emergency. At this point having the incident recorded on tape becomes really important. Unfortunately in all likelihood there is no tape, but if I was absolutely certain that you did have to change lanes due to a sudden emergency I'd try to force them to produce that tape. With a clean record the prosecutor might drop the charge.

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Re: HOV Violation for changing lanes
Posted by: Gonads & Strife ()
Date: April 18, 2011 03:42PM

Bill N Wrote:
-------------------------------------------------------

> It is also illegal to come to a complete stop in
> moving traffic simply because he or she effed up
> and didn't get over before the exit. Sudden
> emergency is a legitimate reason to move into the
> HOV lane or the sholder of the road, but getting
> the judge to believe it was a sudden emergency is
> another matter. If you are coming up slowly,
> could have safely stopped and instead CHOSE to use
> the HOV lane as a passing lane then you don't have
> a sudden emergency. At this point having the
> incident recorded on tape becomes really
> important. Unfortunately in all likelihood there
> is no tape, but if I was absolutely certain that
> you did have to change lanes due to a sudden
> emergency I'd try to force them to produce that
> tape. With a clean record the prosecutor might
> drop the charge.


Unfortunately for your argument, this isn't what happened. If you've ever taken 66 east in the morning you'd know that traffic is moving between 0 and 30 mph depending on the lane you're in from vienna to the 495 exits. The most likely scenario is that Kim is an impatient twat who was actually stopped behind or coming up slowly behind someone who was stopped with their right blinker on trying to exit onto 495 and, instead of slowing to a stop like everybody else, she decided to pass on the left in a lane designated for 2 occupants or more, hybrids and motorcycles only. I'm surprised that the phrase "forcing a Prius to slam on their brakes which resulted in a multi-car pile up and a motorcyclist fatality." wasn't included in the OP. Bottom line is there was no emergency, but there was an asshole who shouldn't have stopped in the left lane to try to merge. This asshole's actions do not forgive Kim-the-twat's decision to pass in the HOV lane.



Edited 1 time(s). Last edit at 04/18/2011 05:30PM by Gonads & Strife.

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Re: HOV Violation for changing lanes
Posted by: Kilton ()
Date: April 18, 2011 04:00PM

Bill N Wrote:
-------------------------------------------------------
>
> Amazing how you have the ability to divine not
> only that a person is lying, but by how muuch.
> You must have been Karnac the Magnificient in
> another life.

Wrong.

I am him in this life.

Got it?

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Re: HOV Violation for changing lanes
Posted by: TomDooley ()
Date: April 18, 2011 04:36PM

JR Wrote:
-------------------------------------------------------
> Fight it. Say you were avoiding a traffic hazard
> and had to take an evasive maneuver. Even if the
> judge believes you or not (75% he will), he is
> almost certain to reduce the cost of the ticket.
> It all depends on how much you value your time. I
> fought one ticket and won, only because the cop
> failed to show.


I agree with JR. You say the fine is $200. Can you tell us what section of the Code of Virginia the cop put on your summons? I assume it's 33.1-46.2. If so, it says the fine for the first offense is $125.

I always like to read the statute (33.1-46.2, it would appear in this case) and, for friends who want to fight (or decide not to fight) traffic tickets, to read the statute carefully to see if the wording of it give you an "out" or, sometimes, at least a plausible reason to request that the fine be waived. Occasionally, it does. I can see one possibility here. In any event, if you believe your time is worth it, sure, go to court. If you have an excuse like you have here (i.e., a minor infraction for the purpose of maintaining traffic flow behind and around you), you can request that the judge waive the fine, yet find you guilty. No points are assessed (according to 33.1-46.2) for a first violation.

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Re: HOV Violation for changing lanes
Posted by: Bill N ()
Date: April 18, 2011 04:56PM

Kilton Wrote:
-------------------------------------------------------
> Bill N Wrote:
> --------------------------------------------------
> -----
> >
> > Amazing how you have the ability to divine not
> > only that a person is lying, but by how much.
> > You must have been Karnac the Magnificient in
> > another life.
>
> Wrong.
>
> I am him in this life.
>
> Got it?

My apologies. How silly of me.

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Re: HOV Violation for changing lanes
Posted by: justsayin ()
Date: April 18, 2011 05:26PM

Gonads & Strife Wrote:
-------------------------------------------------------
> Unfortunately for your argument, this isn't what
> happened. If you've ever taken 66 east in the
> morning you'd know that traffic is moving between
> 0 and 30 mph depending on the lane you're in from
> vienna to the 495 exits. The most likely scenario
> is that Kim is an impatient twat who was actually
> stopped behind or coming up slowly behind someone
> who was stopped with their right blinker on trying
> to exit onto 495 and, instead of slowing to a stop
> like everybody else, she decided to pass on the
> left in a lane designated for 2 occupants or more

^^^^^
This. The HOV lane is usually going a little faster than the regular lanes, even at the beltway hangup. Entering that lane at that point is dangerous. If the driver was truly safety minded, he/she would have 1) not been following too close, in order to 2) sit and wait even though waiting sucks. All we need is someone swinging into the HOV lane because they are impatient to get hit by a lawful HOV lane user, tying up the entire interchange for the next two hours.

----------------------------------------

"She looks pretty good for 12, admit it." - WingNut, 04/24/2012

"I'm racist too. So what?" - Ellipsis 9/16/2011

"If you only knew who I was, and what I was working to do you would...have the decency to tell me I hated my nation and the way of life. I may not agree with...the government...I hate the "government"......" - Firrat 9/1/10

"there seems to be a queer...why? To try and further demean a defeated... dumb Tea party... I think we need more... far left folks on a regular basis - Louis Farakhan, Jesse Jackson...Al Sharpton" - Registered Voter, 8/19/2011

"If your computer is running slow, or you have any other problems, email me at with the problem and i am willing to fix it, for a price of course" - Taylor, spamming FFU on 04/12/2006. "N****rs as slaves again? I think so..." - Taylor, 09/20/2009

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Re: HOV Violation for changing lanes
Posted by: Ut videam ()
Date: April 18, 2011 05:31PM

TomDooley Wrote:
-------------------------------------------------------
> I agree with JR. You say the fine is $200. Can
> you tell us what section of the Code of Virginia
> the cop put on your summons? I assume it's
> 33.1-46.2. If so, it says the fine for the first
> offense is $125.

$125 fine + $51 court costs for a total of $176.

http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf (page 168)

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Re: HOV Violation for changing lanes
Posted by: Glad you were busted ()
Date: April 18, 2011 07:10PM

I agree with an earlier commenter. "maybe 10 seconds" probably means at least 20 seconds. It does not take 10 seconds to pass a stopped vehicle on a highway. OP initially was using the lane to pass the slow/stopped vehicle in front of him but decided to cruise for a bit. Most likely scenario is that the center lane was backed up and he went down the HOV lane looking for a gap in the center lane to sneak back in.

HOV lane is not a passing lane, buddy.

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Re: HOV Violation for changing lanes
Posted by: FailFailFail ()
Date: April 18, 2011 08:11PM

Kim Wrote:
-------------------------------------------------------
> I was pulled over today for a HOV violation on 66
> (1 mile away from 495). The far left lane is HOV
> only. I know this...i was in the center lane and
> a car was stopped trying to get into the right
> lane and so I passed him on the left. By doing
> so, I entered into the HOV lane and the cop pulled
> me over for HOV violation. I was in the HOV for
> 10seconds maybe. This is my first offense.
> Should I fight it in court or not waste my time
> and just pay? Its a $200 fine.

The law doesn't state "HOV Only, except for the last few hundred feet". You violated the law, period. To state you made an "evasive maneuver", is nothing more than you admitting guilt to following to closely.

Just pay the fine and chalk this up as a lesson learned.

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Re: HOV Violation for changing lanes
Posted by: Dane Bramage ()
Date: April 18, 2011 09:18PM

I suggest you fight it, but only if you have an otherwise clean driving record. Otherwise, just pay up.

-------------------------------------------------
“We don’t have any rude, unpleasant people here. We’re different!”

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Re: HOV Violation for changing lanes
Posted by: Gordon Blvd ()
Date: April 18, 2011 09:33PM

Dane Bramage Wrote:
-------------------------------------------------------
> I suggest you fight it, but only if you have an
> otherwise clean driving record. Otherwise, just
> pay up.
-----------------------------------------------------

this is right on the money - you MAY be able to get away with it IF you have a spotless record. But if you dont, then yr just gonna end up paying the fine plus court costs.

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Re: HOV Violation for changing lanes
Posted by: ThePackLeader ()
Date: April 19, 2011 01:29AM

If the story is true, the cop was a bored asshole looking for some "Action".

A Loudoun Deputy once gave a ticket to an acquaintance of mine for speeding, but she was only speeding to pass a slower moving vehicle before the passing lane ended, and she slowed down as soon as she completed the pass. I believe the ticket was dropped (I can't remember if the judge did it, or the Deputy relented).

==================================================================================================
"And if any women or children get their legs torn off, or faces caved in, well, it's tough shit for them." -2LT. Bert Stiles, 505th, 339th (On Berlin Bombardier Mission, 1944).

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Re: HOV Violation for changing lanes
Posted by: justsayin ()
Date: April 19, 2011 06:08AM

That action is bad too. Plenty of people pull that on 50 eastbound at the beltway when the left lane, with plenty of warning, goes away due to bridge construction. It is very dangerous, and if you have to speed to pass that means the car you are passing is going the speed limit.

I love this thread, it is a total asshole detector as horrible drivers express their outrage over being busted for horrible driving.

----------------------------------------

"She looks pretty good for 12, admit it." - WingNut, 04/24/2012

"I'm racist too. So what?" - Ellipsis 9/16/2011

"If you only knew who I was, and what I was working to do you would...have the decency to tell me I hated my nation and the way of life. I may not agree with...the government...I hate the "government"......" - Firrat 9/1/10

"there seems to be a queer...why? To try and further demean a defeated... dumb Tea party... I think we need more... far left folks on a regular basis - Louis Farakhan, Jesse Jackson...Al Sharpton" - Registered Voter, 8/19/2011

"If your computer is running slow, or you have any other problems, email me at with the problem and i am willing to fix it, for a price of course" - Taylor, spamming FFU on 04/12/2006. "N****rs as slaves again? I think so..." - Taylor, 09/20/2009

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Re: HOV Violation for changing lanes
Posted by: Gonads & Strife ()
Date: April 19, 2011 09:33AM

justsayin Wrote:
-------------------------------------------------------
> That action is bad too. Plenty of people pull
> that on 50 eastbound at the beltway when the left
> lane, with plenty of warning, goes away due to
> bridge construction. It is very dangerous, and
> if you have to speed to pass that means the car
> you are passing is going the speed limit.
>
> I love this thread, it is a total asshole
> detector as horrible drivers express their outrage
> over being busted for horrible driving.



bingo

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Re: HOV Violation for changing lanes
Posted by: Trooper Talk ()
Date: April 19, 2011 09:35AM

"Son, do you know the speed limit in the break down lane?"

"Ah....."

"IT'S ZERO!"


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Re: HOV Violation for changing lanes
Posted by: formerhick76 ()
Date: April 19, 2011 10:43AM

Unless there was a car actually stopped in the road, blinkers on and everything, OP hasn't much chance. Unless she is cute and wearing a low cut top and the judge is an old man hornball. If the judge is a woman, in that case, OP is getting cited for contempt, jaywalking, and accessory to murder.

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Re: HOV Violation for changing lanes
Posted by: VEIK ()
Date: April 19, 2011 12:46PM

KeepOnTruckin Wrote:
-------------------------------------------------------
> Cops dont generally get people while they are on
> the highway. They usually grab the violators at
> the exit ramps.
>
> I call bullshit.


On Toll road, cops do it all the time.

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Re: HOV Violation for changing lanes
Posted by: lolyer ()
Date: April 19, 2011 07:01PM

Is this a regular commute for you ?

Does this "right lane" back up frequently? Could you maybe provide a picture of a traffic hazard in this lane which you had to exit quickly to avoid an catastrophic accident?

Maybe an exit ramp was congested and fed into the lanes behind it, and at speed limit, sometimes the back up comes up quickly in which we have to react swiftley for safety.

It really depends on what the police officer observed prior to pulling you over, how he will present it during the trial, you're driving record.. etc

I notice most judges love females who are students.. lol

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