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Old 02-01-2010, 09:46 AM
 
3 posts, read 6,800 times
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So i was going westbound on 66 in the middle lane. now the middle and right lane can lead to the 495 exit so in the morining it backs up. so as i got closer to the 495 exit, in the middle lane it stopped due to the back up. so i switched to the hov lane to just pass the car in front of me and switched back to the middle lane. well i got a ticket but I barely even went far on hov, i only took the left lane to just pass the car stopped in front of me. the cop even said that i only went like 1/10 of a mile (1/10 of a mile so i could just make the pass).

should i fight this in court or not? also it's my understanding that your 1st hov violations does not come with points, is this true?
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Old 02-01-2010, 10:00 AM
 
Location: Ashburn, VA
989 posts, read 2,854,907 times
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I would not bother fighting in court. You were in the HOV lane... What's there to fight? Not sure about the points, though.
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Old 02-01-2010, 10:00 AM
 
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I'm not sure on what grounds you would fight this. You were in the HOV lanes with too few people in your car. I think you'll just have to consider it a lesson learned and move on.
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Old 02-01-2010, 10:12 AM
 
Location: Washington, DC & New York
10,915 posts, read 31,388,802 times
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The only way that it could possibly be contested would be that you had to drive in that lane for an emergency purpose, but merely wanting to pass a car in traffic is not going to be a viable excuse.

Here's a link to VDOT's HOV page. Since it's a first offense, it's the $125 ticket, no points, but subsequent violations double the fine and add points.

High Occupancy Vehicle (HOV) Lanes
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Old 02-01-2010, 10:16 AM
 
437 posts, read 1,228,840 times
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The whole point of the HOV lanes was to promote carpools and offer them a way to avoid congestion. You entered the HOV without enough people in your car to avoid slow traffic. Isn't that what every person driving in the HOV lane illegally is doing, whether it's for 1/10th of a mile or 30 miles? Pay the ticket and move on, you had no legitimate reason to enter the HOV lane (merely to pass slow traffic) and you will just be wasting your time trying to fight it IMO.
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Old 02-01-2010, 10:27 AM
 
3 posts, read 6,800 times
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Quote:
Originally Posted by bmwguydc View Post
The only way that it could possibly be contested would be that you had to drive in that lane for an emergency purpose, but merely wanting to pass a car in traffic is not going to be a viable excuse.

Here's a link to VDOT's HOV page. Since it's a first offense, it's the $125 ticket, no points, but subsequent violations double the fine and add points.

High Occupancy Vehicle (HOV) Lanes

thanks for explaining it clearly and nicely. to everyone else I didn't mean to break the law nor did i want to, i guess next time i'll be more careful
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Old 02-01-2010, 11:08 AM
 
1,384 posts, read 2,345,917 times
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That's a tough break. That would be my luck also...1/10th of a mile and I get a ticket while some other guy drives miles and miles without ever getting caught.
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Old 02-01-2010, 11:31 AM
 
Location: Everywhere and Nowhere
14,129 posts, read 31,243,410 times
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For $125 you might want to take it to court. Quite possible the cop won't show or the judge will have sympathy for your story. My daughter got out of one in Alexandria that was issued under similar circumstances.
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Old 02-01-2010, 11:31 AM
 
3 posts, read 6,800 times
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Quote:
Originally Posted by jbird82 View Post
That's a tough break. That would be my luck also...1/10th of a mile and I get a ticket while some other guy drives miles and miles without ever getting caught.

Yeah, oh well though i mean i guess it's a case of live and learn.
as the show Pawn Star's would say "life's a b%$@ and then you die" haha
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Old 02-01-2010, 02:29 PM
 
957 posts, read 2,020,477 times
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I'm a little confused as to the situation here. I thought in the morning eastbound traffic was HOV, not westbound?

If you were going eastbound, and trying to pass the cars that were exiting ont 495, that meant that you were staying on 66, correct? Was this during the the time that there is HOV outside the beltway but not inside (Is that 5:30-6:30 or something like that)? If so, then I would think you have a slight case as while the middle lane always does exit onto 495, the traffic lines and signs do not not lead you to exit from the middle lane (so this the middle lane exit is questionably legal), and maybe you can make the case you were avoiding cars making illegal lane changes.

If it was during the HOV hours inside the beltway then you were either about to break the law anyway inside the beltway, or you were cutting people off....

If you really were going westbound than I have no idea.
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