[WSBARP] [External Email] An HOV Violation question

[Allen Sakai]

Dave:
Unless the camera was pointing off in a goofy direction, I think it would be hard to trip the camera (white light) unless your friend's car was in the HOV lane.  They do point almost straight down.  Then again, I guess that may be something you make the prosecution prove.  I did think about your friend making an offer to pay the toll.  Maybe that ship has sailed.
Sounds like it might be the trial of the century!  :)  Good luck!
Allen R. Sakai
Attorney at Law
Jeppesen Gray Sakai P.S.
10655 N.E. 4th Street, Suite 801
Bellevue, WA 98004-5044

Phone: 425-454-2344, ext - 106
Fax:  425-646-8889
asakai at jgslaw.com<mailto:asakai at jgslaw.com>
www.jgslaw.com<http://www.jgslaw.com/>

This communication is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law.  You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited.  If you have received this communication in error, please notify this firm immediately by collect call to (425)-454-2344, or by reply to this communication.


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Monday, October 31, 2022 4:08 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [External Email] An HOV Violation question

Hi, Allen.
Thanks for the reply. Yes, that fits with what my friend described. I just spoke to Good-To-Go customer service, and the meaning of "HOV Lane Mode" as far as I can tell is that it informs the system you have a Good-To-Go pass and therefore you get a discount on the posted fee-if the signs say "$1.00", you either pay 1.00 or even 0.00 if you are on certain stretches of road (I-405, SR 167). Whereas if you have no Good-To-Go pass or account, you'll end up paying $3.00 if they mail you the toll to pay.
IF that is all it means-then the officer never established in his factual statements that the car was in the HOV lane. If that's the case....there is insufficient evidence of the violation, ticket should be dismissed.
So my gnawing doubt-customer service simply didn't know enough to say whether the white light also means the car is in the HOV lane. So the judge might say "I'm taking judicial notice that the white light only flashes when a car is in the HOV lane....". In which case it would have been wiser to accept the offer of a reduction to a non-moving violation.
Well, this kind of dilemma is why our friends pay us the no-bucks.
dc


From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Allen Sakai
Sent: Monday, October 31, 2022 3:55 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] [External Email] An HOV Violation question

Dave:
I am not a traffic law expert but I have one of these so I think I know what this is about.  You can flip the pass from HOV to SOV.  If you have 2 people in your car, then you flip it to HOV mode.  If not, then you keep it in SOV mode.  All the camera does is "see" which mode your pass is in.  If it is in HOV mode, then no toll.  If it is in SOV mode, the you have to pay a toll.
I always wondered how you catch cheaters who drive in the HOV lane with the pass in HOV mode regardless of how many people are in the car.  The only way (I think) is that a trooper sees him as a SOV in the HOV lane and pulls him over.  Then he checks his computer which showed that he had his pass flipped to HOV.  Could have been inadvertent or it could have been his way of trying to drive in the HOV lane without paying the toll.  That's my best guess as to what happened.  Now how you get out of that, I don't know!

Allen R. Sakai
Attorney at Law
Jeppesen Gray Sakai P.S.
10655 N.E. 4th Street, Suite 801
Bellevue, WA 98004-5044

Phone: 425-454-2344, ext - 106
Fax:  425-646-8889
asakai at jgslaw.com<mailto:asakai at jgslaw.com>
www.jgslaw.com<http://www.jgslaw.com/>

This communication is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law.  You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited.  If you have received this communication in error, please notify this firm immediately by collect call to (425)-454-2344, or by reply to this communication.



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Dave Culbertson
Sent: Monday, October 31, 2022 2:53 PM
To: solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>; creditor-debtor-section at list.wsba.org<mailto:creditor-debtor-section at list.wsba.org>; wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [External Email] [WSBARP] An HOV Violation question

Hi, folks.

Helping a friend address a traffic violation. The charge is for being in the HOV lane without additional passengers.

Something about the officer's description raises a question: "OBSERVED DEFENDANT VEHICLE PASS UNDER TOLL CAMERA AND WHITE LIGHT ACTIVATED INDICATING VEHICLE'S FLEX
PASS WAS IN HOV LANE MODE."

I'm not sure how the toll/radar/camera system works, wondering if anybody has developed that info? Is the meaning of the officer's statement that the toll camera/white light reads the flex pass and determines the car is in the HOV lane, ie, that the white light is the proof that establishes he was in the lane (as opposed to the officer saying "I put my eyeballs in the direction of the car and saw that it was in the HOV lane?")

There isn't much more information about that stop than that, other than the officer noting there was only the driver in the vehicle.

Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>



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