You are here: Home / Articles / Safety / Traffic Violations / Finding: Driving Law E-mail’s ‘facts’ are phony

Finding: Driving Law E-mail’s ‘facts’ are phony

"Did you know that as of Jan. 1, the first time you receive a car pool lane citation, the fine will be $1,068.50? The second time, the fine will be doubled, and the third and fourth time, your license will be suspended."

I was amused when my dear friend Peggy Lloyd Talbot, of Morgan Hill, sent me a copy of the intimidating e-mail that was circulating around her office regarding some harsh "new" California traffic laws for 2007.

Apparently, Peg's office wasn't alone in receiving the hoax e-mail, as I have now received a version of it from four unrelated readers - Albert Tran, Carrie LaPierre, Russ Mendez and Richard Bradbury - questioning its veracity.

The ominous e-mail starts out like this: "Just a reminder that starting 2007 we have new driving regulations! Please be aware of the COST! Update your 2007 driving notes, California.

"1. Car pool lane - The 1st time $1068.50 starting 1/1/07 (NOT $271, posted on the highway is old). Don't do it again because the 2nd time is going to be double. The 3rd time triple and the 4th time license suspended."

"2. Incorrect lane change $380. Don't cross lane on solid lines or intersection."

"3. Block intersection - $485"

"4. Driving on the shoulder - $ $450"

If the first four of these little nuggets were true, you'd probably have to take a second job just to be able to pay for your traffic citations.

First of all, there is no way that anyone can quote a set amount for traffic citations statewide, as the fines for traffic citations are jurisdictional.

The state creates a list called the "Uniform Bail and Penalty Schedule" that has recommendations for fines and penalties for various offenses. Then, judges in each county modify the fines as they see fit to apply to their jurisdiction.

In other words, you can get a ticket for the same offense in two different counties and the fines will be completely different.

However, the counties stick pretty close to the state schedule when determining fees. While the minimum "suggested" fine for car-pool violations did rise in 2007 to $380, there is not a county in California where the fine would exceed this by any more than a few dollars. The fine does not double for any second offense, nor will your license be suspended for a third offense.

Now, if you truly were clueless enough to get a fourth car-pool citation in one year, your punishment would depend on exactly what you did wrong, which the e-mail doesn't mention.

If you cross the double yellow lines to enter or exit the car pool lane, that is an offense that will put a point on your driving record. Any four points that you get on your driving record within a one-year period will earn you a license suspension.

However, driving in the car pool lane alone is an offense that will get you a citation, but does not put points on your driving record, so the e-mail couldn't be further off the mark there.

As for the whopping price tags on the other violations - the recommended fine for most lane violations, unsafe passing or without sufficient clearance, or driving on the shoulder is $146. Block an intersection and you are looking at a fine of around $190.

Number 5. on the e-mail - "Cell phone in the construction zone. - Double fine"

All traffic citation fines can be doubled in construction zones, except this one - since the law restricting cell phone use to hands-free gadgets does not take effect until July 2008.

"6. Passengers over 18 not in the seat belts - both passengers and driver get tickets"

This one is almost true. Actually everyone over the age of 16 is required by law to wear a seat belt when they are in a vehicle. Citing a passenger for noncompliance has always been an option. If the passenger is under 16, the driver, or the parent or guardian if they are present, even if they are not driving, can be cited for the child.

"7. Speeders can only drive 3 miles above the limit."

'Speeders' can drive at whatever speed they like. Drivers who do not want a traffic citation for speeding should use those big black and white posted maximum speed limit signs as their reference point.

"8. DUI = JAIL"

It might just be for a few hours, but going to jail has always been the case if you are caught driving under the influence.

"9. People driving on the left-most lane will be cited if they are going the same speed OR slower than the right lane."

This last gem is simply the stuff of fairy tales. In reality, the entire e-mail is clearly the creative little project of someone with a vivid imagination, absolutely no knowledge of traffic laws and WAY too much time on their hands.