blowing fastrak = moving violation?
 

:SHOCKED: Okay, just looked through a bunch of dmv websites/cvc codes and what not. I have come to the following conclusions.


Story: on March 1st, i was cited by a CHP officer for using fastrak lane on the richmond/san rafael bridge without the proper transponder mounted/intact on my motorcycle. At the time the motorcycle was still running on dealer plates, as i had just bought the motorcycle less than 1 month ago and have yet to receive the plates. Ironically enough, i recieved the plates the following monday. Anyways, he pulls me over and questions as to whether or not i had my transponder on me, and i had answered no. He then cites me for VC 23336 for Failure to Obey Posted Signs on Vehicle Crossings. That VC is also a 1 point moving violation. However, he writes down clearly on the description of the ticket that the violation was for "failure to pay toll, signs posted". He also proceeds to tack on VC 5200 for no rear license plates attached even though i had showed him my dmv registration/paperwork to show that my bike was still BRAND new less than 1 month old.

For my 'offense', should i have been cited for cvc 23336? or should it have been something else? I have found that cvc 23302 is actually something that fits his description on the ticket AND my violation better. CVC 23302 states that "Refusal to Pay Toll Charge Prohibited" is a non-moving violation.


I've already registered with ticketassasin, and have access to their shareware database, but i'm still pending on my priority email to engage in 1:1 emails with Patrick at ticketassasin. In the meantime, your feedback/opinion is greatly appreciated.


for those who want the entire description of the cvc codes here they are


[B]cvc 23336[/B]: It is unlawful to violate any rules or regulations adopted under Section 23334, notice of which has been given either by a sign on a vehicular crossing or by publication as provided in Section 23335.

[B]cvc 23335[/B]: The Department of Transportation shall cause to be published and made available to the public at the tollgates of each vehicular crossing copies of those traffic laws and rules and regulations particularly applicable thereto.

[B]cvc 23334[/B]: The Department of Transportation may adopt rules and regulations not inconsistent with this chapter for the control of traffic on any vehicular crossing to aid and insure the safe and orderly flow of traffic, and shall, so far as practicable, notify the public of the rules and regulations by signs on the vehicular crossing.


However, this cvc code description best matches my violation, AND what the chp officer wrote down on my ticket.

[B]cvc 23302[/B]: 23302. (a) It is unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway. It is prima facie evidence of a violation of this section for any person to enter upon any vehicular crossing without either lawful money of the United States in the person's immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that person or transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls.

(b) For vehicular crossings and toll highways that uses electronic toll collection as the only method of paying tolls or other charges, it is prima facie evidence of a violation of this section for any person to enter the vehicular crossing or toll highway without a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls. If a transponder or other electronic toll payment device is used to pay tolls or other charges due, the device shall be located in, or on the vehicle in a location so as to be visible for the purpose of enforcement at all times when the vehicle is located on the vehicular crossing or toll highway. Where required by the operator of a vehicular crossing or toll highway, this requirement applies even if the operator offers free travel or nontoll accounts to certain classes of users.



ps. at the time that i had made this violation, i had actually thought that was a friday and that the carpool rules still applied. i tried explaining that to the CHP officer, but he wouldn't hear me out. so for those who are concern with me not paying for fastrak, that is why. The ticket was issued at 5:40pm, however on a saturday, which i had not realized until AFTER i got pulled over.

edited for spelling/grammer

I dunno man, honestly this one is NOT good.

1) you did not follow the $4 toll sign, so yeah, the moving violation he put you down for is legit... technically...

2) you can't even say that your plate is registered with fastrak, cause you don't have it yet, so you couldn't have registered it and let the camera take your picture.

3) Well, that's it really. He busted you in an awful way, but it's going to be tough to fight. Truth is, with no rear plate for the camera, you should have stopped and paid the $4.

:(

Motorcycles are allowed to cross all bay area bridges free of charge, like carpool vehicles and ULEVs.

I found this on the Fasttrak information site


CARPOOL

Antioch, Benicia-Martinez, Carquinez and San Francisco-Oakland Bay bridges

Any 2-axle vehicle, without trailer(s), carrying three or more persons, may cross toll-free in designated lane(s)
Monday through Friday between 5 a.m.-10 a.m. and 3 p.m.-7 p.m.
Richmond-San Rafael Bridge

Any 2-axle vehicle, without trailer(s), carrying three or more persons, may cross toll-free in designated lane(s)
Monday through Friday between 5 a.m.-10 a.m. and 3 p.m.-6 p.m.
Dumbarton and San Mateo-Hayward Bridges

Any 2-axle vehicle, without trailer(s), carrying two or more persons, may cross toll-free in designated lane(s)
Monday through Friday between 5 a.m.-10 a.m. and 3 p.m.-6 p.m.
Note: Any motorcycle, bus, inherently-low-emission vehicle (ILEV) with DMV-issued decals, or 2-axle vehicle, without trailer(s), designed by the manufacturer to be occupied by no more than two persons, carrying two persons, may also cross toll-free in designated lane(s) consistent with the above referenced hours of operation.

Hope this helps

i dont get it...

just because you have a new vehicle, you DIDNT expect to pay toll????

explain more...

hrm. i guess i'll try what i can do and see if luck will swing by way. hah





Btw, i signed up for ticketassasin, and i paid via paypal immediately after registration but have yet to recieve my priority email from ticketassasin. How long does that process usually take? paid with paypal via creditcard and it shows that the money went thru on my account summary.

[QUOTE=EJ20PWR;2190749]Motorcycles are allowed to cross all bay area bridges free of charge, like carpool vehicles and ULEVs.

I found this on the Fasttrak information site


CARPOOL

Antioch, Benicia-Martinez, Carquinez and San Francisco-Oakland Bay bridges

Any 2-axle vehicle, without trailer(s), carrying three or more persons, may cross toll-free in designated lane(s)
Monday through Friday between 5 a.m.-10 a.m. and 3 p.m.-7 p.m.
Richmond-San Rafael Bridge

Any 2-axle vehicle, without trailer(s), carrying three or more persons, may cross toll-free in designated lane(s)
Monday through Friday between 5 a.m.-10 a.m. and 3 p.m.-6 p.m.
Dumbarton and San Mateo-Hayward Bridges

Any 2-axle vehicle, without trailer(s), carrying two or more persons, may cross toll-free in designated lane(s)
Monday through Friday between 5 a.m.-10 a.m. and 3 p.m.-6 p.m.
Note: Any motorcycle, bus, inherently-low-emission vehicle (ILEV) with DMV-issued decals, or 2-axle vehicle, without trailer(s), designed by the manufacturer to be occupied by no more than two persons, carrying two persons, may also cross toll-free in designated lane(s) consistent with the above referenced hours of operation.

Hope this helps[/QUOTE]
Based on this, if you were in a carpool lane, it would have been ok, however, ONLY during carpool hours. What time/day did this happen?

Either way, it sounds like you should have paid, and he ****ed you over in the worst way.

[QUOTE=ldivinag;2190750]i dont get it...

just because you have a new vehicle, you DIDNT expect to pay toll????

explain more...[/QUOTE]



please read the "p.s." part of the first post. It was a dumb mistake on my part, and i got cited for it.




edited the first post for my stupidity as well

[QUOTE=joltdudeuc;2190758]Based on this, if you were in a carpool lane, it would have been ok, however, ONLY during carpool hours. What time/day did this happen?

Either way, it sounds like you should have paid, and he ****ed you over in the worst way.[/QUOTE]

yeah, i wasn't aware that it was only carpools lanes either until after searching on barf after my citation. sigh.

gagan,


you've seemed to be quite informed about how to fight tickets from your previous posts. If i were to do a TBD anyways, would i automatically forfeit my rights to traffic school if i was still found guilty in the end?

negative dude. Unless they just changed it, my buddy just got like a 35 dollar fine. The cop is trying to shiest you........****ing prick piece of ****........i'd complain about that....you don't site people for a different code when there is a more fitting one just to screw them.

-10 for cops

[QUOTE=AzN121184;2190763]gagan,


you've seemed to be quite informed about how to fight tickets from your previous posts. If i were to do a TBD anyways, would i automatically forfeit my rights to traffic school if i was still found guilty in the end?[/QUOTE]
Depends on the policies of the county. Santa Clara county will rape you with a machette if you plead not guilty. Its stupid...

But you are either alameda or contra costa in this case right? So, wait for the mailer to come in, and see what it says in the information.

If you plan to fight it, use TAs tips, and use diagrams, pictures, whatever you can. A good case will probably tip this in your favor, but have to do it right.

i guess i'm on the same boat with slow04wrx, that the whole point of this thread was to figure out if there are 2 vc that can be cited, but one matches the description of the violation, is it still subjective as to which one the LEO can write down based on his pure judgement?



gagan you have pm as well.

[QUOTE=AzN121184;2190782]i guess i'm on the same boat with slow04wrx, that the whole point of this thread was to figure out if there are 2 vc that can be cited, but one matches the description of the violation, is it still subjective as to which one the LEO can write down based on his pure judgement?



gagan you have pm as well.[/QUOTE]

It seems like you could prove that his judgement was wrong to me, and that he was negligent about it. And you can say had I been caught on the fasttrack camera it would have been a 35 dollar ticket or whatever, but instead this cop decided to right me up for a bs code

i would love to say something like that to the judge....in a much more polite way hah. i'm going to do a trial by declaration probably and approach my fight with the county that way :)

The one about you not having a plate is BS. That paper that you get from the dealership is what you need to have and it sounds like you had it.

Next time tape that where your plate would go...