I got a Cali carpool violation, but it was related to a safety issue, what are my...

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Citizenchan

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...chances arguing this? I avoided another motorist making an unsafe lane change just prior to seeing the officer. It was at 8:30am, peak traffic time. Within about a mile prior to me being spotted by the officer, there was an accident, with 2 CHP cruisers on the side of the road, that caused extensive backup. Then someone changed lanes almost into me, as they always do to get in the fastest lane, and I swerved from the third lane to the carpool lane. Right after that, about 20 seconds later, I saw the officer turn her lights up ahead and change lanes from 3 to 2, 4 being carpool. Traffic slowed (was bad the whole time), making it hard for me to change lanes back, and then after another 10 seconds, she turned off her lights, came to pull me over. I'd like to make the case that I made a decision for safety, which during such bad traffic and police presence, I couldn't safely make a lane change back. Do I have a case or should I just take the bail up the butt? Thanks!
 
You're f-cked, sorry.

I got pulled over about a decade ago for making an unsafe lane change. The station wagon in front of me had about 10 kids in it without seat belts on and was running on a nearly flat tire. Last thing I wanted, was to be responsible for slamming into that car, if the tire blew out.

Yet, I accidentially cut someone off by doing so and spent a Saturday in traffic school for my sins.
 
You can try but you aren't likely to win. I mean it's always better to argue in a case like that and hope for a Judge that will agree, thing is if you should have STOPPED instead. Oh sure the people in the lane would be upset with you, but since you can't back in your lane(or if possible you stop in the lane instead of switching) you don't have much choice. I'm thinking from the way of the cops pulling you over, now if I was a Judge then I'd want to know how long you were in that lane and how long you PLANNED to be in that lane. If you planned to be there until you could get back in to the regular lane I'd still give you the ticket.
 
You drove in a carpool lane, you did not just swerve into it to miss a car. If you had returned to your original lane immediately this would not be an issue but you drove in the carpool lane for at least thirty seconds according to your own admission. You have no case.
 
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