Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 decade ago

CA Diamond Lane Question?

In CA I recently received a ticket for crossing the double yellow line while entering the diamond lane. I had two occupants in the car. I moved into the lane about 50 feet before I was "legally" able to enter the lane, mainly to avoid an impending accident ahead of me with several brake lights shining in my lane. I figured it was the safest move to make and any officer nearby would understand. Apparently not. He put his lights on soon after I entered the diamond lane wanting me to pull over immediately. I stayed my course because it would have been yet another fine if I crossed back out of the diamond lane when I wasnt supposed to. I waited until I was legally able to make the lane change, then proceeded to pull over. He wasnt happy.

I would like to fight this. Can anyone find some links regarding fighting diamond lane violations (and winning) and/or the various diamond lane laws just within California alone? If I did this near San Francisco, this would have been perfectly legal. TNX!

4 Answers

  • John S
    Lv 7
    1 decade ago
    Favorite Answer

    IF there was an accident, and IF your ONLY means of avoiding it was to enter the Diamond Lane, then you were not breaking the law, since there is always an exception for such a necessity (it is called the "necessity defense"). Otherwise, you broke the law whether in San Francisco or anywhere else; it is not legal anywhere in California to cross a double yellow line. If you believe you can convince a traffic commissioner that this was what happened, then you should fight the ticket. However, it seems pretty obvious that the citing police officer did not agree, and it is probably unlikely that in the absence of some additional evidence the traffic commissioner will believe the officer was mistaken.

    It would NOT have been illegal to cross the line to pull over in obedience to the command of the police officer: a police officer's command supersedes any traffic law.

    Source(s): 30 years as a criminal defense attorney.
  • 1 decade ago

    don't know what you think your "case" is. you violated the regulation regardless of whether you did it "to avoid an accident ahead". if you "had" to move into the lane to avoid the accident rather than just slowing down, then you were driving too fast and/or following the vehicle ahead of you too closely. either way you were driving in an unsafe manner and compounded the issue by violating the carpool lane regulations.

    the officer wasn't happy because you took another few (probable) miles to exit the carpool lane. when the officer lit you up, you were to proceed to the right in the most expedient and safest manner possible.

    you CANNOT be cited for a second violation by exiting the carpool lane across the double yellow when it is under the direction of a law enforcement officer.

    and btw: this is illegal near SF as well.

    Source(s): LE
  • 1 decade ago

    The way the law is, you cannot go in the diamond lane, not even to avoid an accident. Kind of silly, but that's the way the law is. You should have just crashed into the car in front of you. That is the only way you wouldn't have gotten the ticket.

  • 1 decade ago

    well you could try and fight it. i would just pay the ticket and then travel the extra 50 feet.

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