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Has anyone beat a ticket for only displaying 1 carpool sticker (CA)?

angelo_98109067angelo_98109067
edited November -1 in General
Hi -

My wife was recently pulled over for only having one HOV sticker on our Model S. Has anyone contested this ticket and won...or at least had the fine lowered? Please let me know if so and how!

I know, I know, I know...we should have put on all three and we have them on now, so please refrain from commenting about it. :-)

Thanks in advance.
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Comments

  • lilbeanlilbean
    edited November -1
    Was the ticket given by the CHP? If so, I can't see a way out of that one.
  • rxlawduderxlawdude
    edited March 2018
    The statute she was probably cited for violating (CVC 5205.5) has many subsections that refer to a SINGULAR decal. One could make a case that one decal is sufficient to meet the statutory requirement.
    If cited under CVC 21655.9, subsection (b) states:
    A person shall not drive a vehicle described in subdivision (a) of Section 5205.5 with a single occupant upon a high-occupancy vehicle lane pursuant to this section unless THE decal, label, or other identifier issued pursuant to Section 5205.5 is properly displayed on the vehicle, and the vehicle registration described in Section 5205.5 is with the vehicle. (emphasis added that singular term used)

    I'm not sure if these would be winners, but the plain language of the statute suggests you need to display A decal.
  • MS_HapiMS_Hapi
    edited March 2018
    I think the term "the decal, label or other...." refers to the decal in general not how many. The law from what I remember reading when the decal is sent to you specifically says 3 (white version at least) must be displayed and it shows you where. I think you guys just found yourself with an expensive sticker problem.

    Curious what part of the State did they actually crack down on this? I did recently hear while listening to local news in the SF/SJ area that there was going to be a crackdown on carpool lane violators.
  • rxlawduderxlawdude
    edited March 2018
    Judges are bound to read the letter of the law. The law refers to license plates in plural and HOV stickers in the singular.
  • TropopauseTropopause
    edited November -1
    I hate those stickers. Wish there was a better method.
  • rxlawduderxlawdude
    edited March 2018
    @Tropo, agreed. An "EV tag" that would go on the front and rear plates (and that could have an expiration date like the regular tags) would be the easiest to implement.
  • RedShiftRedShift
    edited March 2018
    And hard spot from afar and from the side.

    I’m thinking a code embedded into the current Fastrak transponder. LEOs can use a radar gun to figure out which car is legal and which is not. Also, automated system that currently tracks paid Fastrak
    can also be made to detect, and ticket the perps. Like a red light camera system.
  • TeslaTap.comTeslaTap.com
    edited November -1
    Better would be any company that only produces EVs being exempt from displaying stickers. Yeh, like that will happen :(
  • lilbeanlilbean
    edited November -1
    You could say that autopilot is your copilot and therefore, you didn't need any stickers at all. :)
  • Uncle PaulUncle Paul
    edited March 2018
    Stickers are pretty ugly. Typical state solution to a problem.
  • rxlawduderxlawdude
    edited November -1
    "Typical state solution to a problem."

    Typical gubmint hating response.
  • SCCRENDOSCCRENDO
    edited March 2018
    @rxlawdude. +100
    @uncle_paul. I guess as long as you show your white male face the cops should let you drive anywhere you like, not search your car for that semi-automatic or test you for alchol when you crash into a barrier.
  • rxlawduderxlawdude
    edited November -1
    Perhaps the typical "corporate solution to a problem" is illustrative. Ford knew that the Pinto would explode due to the gasoline tank design. A fix would cost around $10 per car.

    The corporate wisdom? It was cheaper to pay off the families of dead Pinto occupants than actually mitigate the risk.

    I'll take stickers.
  • Uncle PaulUncle Paul
    edited November -1
    We don't need no stinkin' stickers (except in the car pool lanes)
  • rxlawduderxlawdude
    edited March 2018
    @UP, that's the topic. Keep up. :-)
  • compchatcompchat
    edited November -1
    @Screendope....pretty racist comment against Uncle Paul's post. Shame on you Doctor.
  • angelo_98109067angelo_98109067
    edited April 2018
    @ms_hapi - sorry, I lost track of this post. This happened at the carpool lane's WB approach to the Bay Bridge.

    Thanks everyone for the advice. The ticket finally arrived in the mail and I'm going to attempt a "Trial by written declaration"

    The ticket wasn't as steep as a full blown carpool violation. It's written as "Driving Low Emission Vehicle Without Required Decal or Label" $233.00 --- I mean, it's technically a ZERO-Emission Vehicle :-)

    Fingers crossed.
  • SCCRENDOSCCRENDO
    edited November -1
    Good luck. But I guess 3 white or 4 red stickers are required and one decal does not fit the requirement. If you are mutilating your Tesla with 1 sticker why not just display them all.
  • JZ13JZ13
    edited November -1
    What's the point of the 3rd sticker for the drivers side? If you are in the carpool lane then no one can it.
  • lilbeanlilbean
    edited April 2018
    Maybe because they want to write more tickets since not many want to comply with putting all the stickers on. Just a guess.
  • SUN 2 DRVSUN 2 DRV
    edited April 2018
    "What's the point of the 3rd sticker for the drivers side? If you are in the carpool lane then no one can it."

    The cops I see monitoring compliance are parked/waiting in the center divide. That passenger side sticker is one of the primary locations they can scan.
  • lilbeanlilbean
    edited November -1
    This ticket will be hard to beat. The key is to figure out a way to convince the officer not to give it to you.
  • MilSpecMilSpec
    edited June 2018
    @angelo any update on this?
  • iagl_93385240iagl_93385240
    edited June 2018
    Can you get a magnetic backing for the stickers so you only place them when you expect to need them? I drive though LA infrequently, but like using the carpool lane
  • Uncle PaulUncle Paul
    edited November -1
    The law says you need to display all the stickers all the time. Not doing so makes you open to a citation.

    I just run one of the little ones on the back in SoCal. Guess I'm a little bit of a Rebel :)
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