Don't want to go into to much detail until things are settled, but I was wondering if anyone had any advice on how to handle this situation.

I was driving home on the 101 in the 3rd lane, and a lifted Nissan Titan made a quick move into my lane. To avoid getting creamed by this idiot I swerved into the HOV lane, passed the truck and 2 other cars immediately in front of him and got back into the 3rd lane ASAP. About a mile later I was pulled over by DPS and received a ticket for Failure to obey traffic control devices, ARS28-644A. The officer pretty much called me a liar when I was explaining what happened. I would like to goto court and fight the citation, but i'm not sure it's a winnable argument. I would assume that using the HOV lane in an attempt to avoid a dangerous situation would be right thing to do? Would he have had me just stay in my lane and get hit?

On a side note, he tried to tell me he could have also written me a ticket for my Valentine One.....said they are illegal in Arizona.

Anyone have an advice? Should I just do traffic school and forget about it?

 

Same thing happened to a employee of mine. He went to the HOV lane to avoid rear ending someone. The Cop was a few cars back and saw all this happen, he didn't care and said breaking the law is breaking the law. So I would say that you should just take the class and be glad you were able to get out of a $600 ticket for $120...

 

IBK( in befor kyushin)

I dont know how it works out here, but in NM if you have a clean driving record you can usually appear before the judge and ask for a 90 day defferment. Where if you dont get any tickets for 90 days they will just drop it off your record. Really its just going to depend how the judge is feeling that day. Ive had some awesome judges and some real douches that thought I was a deliquent teen.

 

It's your word againts his and he is considered the expert witness. It would help if you had witnesses. I would throw in the towel and take the driving course.

 

"I would throw in the towel and take the driving course"

I agree with Richard, I had a situation where I got stopped going 81 in a 65 on the 202. The situation was I had a truck in front of me dropping gravel on the road and I temp speed up to pass him. DPS did not want to hear it and I got a ticket so I foolishly went to court prepared like it was a murder trial with satellite views of the area and a diagram of what happened and where. While the judge complimented me on my presentation he still found me to be at fault and not yielding.

Should of just paid it and gone to traffic school...

 

"You can't fight city hall."

Traffic school ftw-ish.

 

That is basically how a trial would go

Judge: Were you caught driving your car in the carpool lane without a passenger?

You: Yes, but the reason...

Judge: Ok, you were in the carpool lane without a passenger, so pay your fine.


"It's not what you know, It's what you can prove in court"
--Law Abiding Citizen

 

^ Really good movie. except the ending.


weekends, any time between 9am and 3pm & 7pm to 6am the HOV lane is open to anyone. Wasnt in that time frame I assume?

 

So did you get a carpool violation or did you get hit for speeding too?

 

The radar detector probaby didn't help matters either. I could probably guess what was going through the cops mind....

"this guys was probably speeding anyways so I will take the warning for the carpool violation off the table....."

Out of sight, out of mind is what I always say......