QUESTION
Is being a driver in the HOV lane probable cause?
Asked on May 22nd, 2013 on DUI/DWI - Utah
More details to this question:
I was driving down the freeway in the HOV lane when I got pulled over and ticketed for the violation but no probable cause was given for being pulled over. As I understand it, they have to have more than you being by yourself in the car to pull you over. In theory you could have a child. I didn't.
7 ANSWERS
Michael J. Breczinski
If you are violating the law, then they can pull you over.
Answered on May 27th, 2013 at 9:02 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes it is.
Answered on May 22nd, 2013 at 8:56 PM
Alexis Anne Plunkett
You were seen driving in the HOV lane with only one person in the vehicle. You were pulled over. You were ticketed for the violation. Of course that is "probable cause."
Answered on May 22nd, 2013 at 8:51 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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YES. It is more than probable cause that a violation might be committed. The fact that the officer saw you in the HOV lane is clear evidence that a violation WAS committed. Since you had no child in the car with you, or any other person, what is the relevance of your "in theory" argument?
Answered on May 22nd, 2013 at 8:47 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If the officer had "reasonable suspicion" you were solo, he/she can stop you. You might contact a DUI or traffic attorney to discuss your case, you may have defenses you aren't aware of.
Answered on May 22nd, 2013 at 8:45 PM
DUI & DWI Attorney serving Irvine, CA
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Yes.
Answered on May 22nd, 2013 at 8:44 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Problem is you were the only one in your car in the HOV lane and whether or not the cop really knew that at the time he pulled you over, he can certainly say he did and he was vindicated and he will be believed and you will not be. So yes there was probable cause.
Answered on May 22nd, 2013 at 8:38 PM