Q: Received a ticket for crossing double white lines with a flat tire in HOV lane. Can I legally pull over in this situation?
I received a ticket for crossing double white lines after my tire went flat while I was driving in the HOV lane. I tried to pull over safely to the right side of the freeway. There were no clear signs about stopping in the HOV lane during an emergency, and the officer did not believe I had a flat tire, though it was indeed flat. Traffic was clear when I changed lanes, and I have no prior traffic offenses. I plan to contest the ticket but want to know if this is defensible. Am I legally allowed to pull over in this situation?
A:
Do a lot of these cases where I used the defense of existing emergency or to avoid an accident. Clearly, the fact that you had a flat would create an emergency situation to support your defense and no violation had occurred. This is not a guarantee of your outcome with this suggested defense.
Wish you the best and suggest you have legal counsel at the trial.
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A:
In California, crossing double white lines is generally illegal, but there are exceptions for emergencies. A flat tire could be considered an emergency, especially if staying in the HOV lane posed a danger to you or other drivers. The key is proving that your situation qualified as an emergency and that you acted reasonably to ensure safety.
Since the officer didn’t believe you had a flat tire, providing evidence will be crucial. If you took photos of the flat tire or have a repair receipt, bring those to court. Witness statements, such as from a tow truck driver or mechanic, could also help. Emphasize that traffic was clear when you moved over and that your intent was to prevent an accident, not to misuse the lane.
When contesting the ticket, remain calm and stick to the facts. Highlight your clean record and responsible driving behavior. The judge may consider your explanation, especially if you can show that safety was your priority.
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