Fight ticket or pay fine/request traffic school?

Asked about 5 years ago - Santa Clara, CA

I was pulled over by cop after I had moved out of the R hand HOV lane into the lane to the left of such, just nearing the next intersection. He asked me if I knew I was in HOV lane and I answered sorry, yes, but I was not able to move over earlier (two middle lanes merge into one and I had just entered the right hand HOV lane at the prior intersection after making a right turn). He told me that that this was a warning, and he was writing me up for unsafe turn instead of being in HOV lane instead (I did move over before I reached that intersection). I did have my left blinker on the entire time. This is my first ticket ever. Is changing lane near an intersection to get out of HOV lane considered an unsafe turn (VC 22107)? Safer to pay fine and request traffic school or try to fight?

Attorney answers (2)

  1. Kim C. Wollenberg Burgess

    Contributor Level 13

    Answered . Although some judges will deny traffic school if you fight a ticket, most will not. If your turn did not interfere with another vehicle it may not have been unsafe. I would be prepared to ask the judge. I usually recommend that you proceed with a trial by declaration. You can ask for traffic school if you are found guilty . The request for traffic school can be included in your paperwork. If you are found guilty, you can still have an in person trial. You must request a in person trial, trial de novo, within 20 days of the notice from the court on the trial by declaration decision.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

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