STATEMENT OF FACTS
Defendant's Name: Gino Segovia
Case No.: 23596SM
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21655.5(b).
The facts of my case are as follows: While following the flow of traffic on N. Baldwin Ave on 8-5-03, I was stopped by a CHP Officer Lopez (I.D. #12923) and was charged with violating CVC 216555(b). The Officer has pulled me over for driving alone on the on-ramp I-10 East Freeway. I tried to explain to the CHP Officer that there was no sign to indicate that I am about to enter a HOV lane (see picture # 1). N. Baldwin Avenue is a one lane road that leads directly to the on-ramp freeway (see picture # 2) and an unsuspecting motorists like myself, has no way of knowing that I am about to enter a HOV lane.
The HOV Systems Policy, CVC 21655.5(b) states: "Caltrans uses High Occupancy Vehicle (HOV) systems as an effective traffic management strategy to promote carpooling and bus patronage, improve reliability of travel time, improve air quality, and maximize the efficiency of the freeway system by increasing its people-carrying capacity while reducing congestion and delay."
The first sign I saw on the on-ramp freeway was the “Freeway Entrance I-10 East” (see picture # 3). Right in the middle of the on-ramp freeway, was the first time I saw the HOV lane sign (see picture # 4) and it was right there and then that I realized N. Baldwin Avenue road leads directly to a HOV lane. As soon as I saw the HOV lane sign, I stopped and set my right blinker on to try and safely go back to the non-HOV lane. Not one motorist tried to gave way for me to safely change lane. But after five seconds, motorists behind me were honking their horn so I decided to keep moving or I would be holding up the traffic and cause congestion, and worsen the travel time, which is a direct violation of the HOV Systems Policy CVC 21655.5(b).
The first time I saw a CHP Car was right on the edge of the on-ramp, and seems to be waiting for an unsuspecting motorist like myself to enter the freeway (see picture # 5, circled). For the record, pictures were taken on a later date around 4:20pm and someone was riding with me on the vehicle at that time. Pictures also showed no heavy traffic but the time I was pulled over (Aug. 5, 2003 * 5:20pm), the traffic was bumper-to-bumper heavy and I was following a number of automobiles in front of me.
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 24November2004
____________________________
Gino Segovia, Defendant in Pro Per