Pursuant to California Vehicle Code (CVC) 40902, I respectfully submit this Trial By Written Declaration to the Court. I plead Not Guilty to the charge of CVC 21655.5(b).

Moreover, I corrected the CVC 26708A1-I and attached the proof of correction in the mail.?As required, I enclose a check for $450 bail.?Please refund $450 in the event the court finds me not guilty.

On Jan 20, 2008, at about 5:00pm, I was driving my BMW M3, license number 4ABC123, on the northbound of Lawrence Expressway, and was intended to take on the freeway 237.?I was driving by myself at the time, and I drove my car to the right lane after the Lawrence-Tasman intersection.?When I drove near the Lawrence-Elko intersection, a vehicle on the Elko street, intended to turn right on Lawrence Expressway, was driving at a fast speed with an aggressive manner.?Based on my judgment at that time the car was possible to hit my car if I stayed in the lane so I glanced at my rear mirror, made sure there is no car on the left lane, and moved to one lane left to avoid an accident.?After I moved out of the lane I immediately turned my right signal light on and tried to get back on the right lane to avoid getting on the carpool exit lane; however, the cars were not willing to give me a space to get back into the lane. The cars behind me kept coming so all I could do is keep driving slowly with my signal light on and hoping a vehicle will give me a space to get out of the carpool lane.

Officer Johnson stopped me after about 4-5 seconds when I was unfortunately on the carpool lane.?He informed me that I had violated the carpool lane violation and gave me the traffic ticket.?

While I could understand the reason why Officer Johnson pulled me over because I was driving alone in the carpool lane, however, I believe this is a very unfortunate situation and it does not reflect my driving behavior.?I was going to meet up my friend in Milpitas and was not in rush to going anywhere, therefore I have no reasons to violate the law especially based on my clean driving record for my 6 years driving experience.?Thanks for understanding and I wish you could find me not guilty based on my situation.

If the court finds me guilty, I request a Trial de Novo, and an option to attend traffic school level one and have the fine reduced.

In addition, please send me the “Decision and Notice of Decision?(TR-215) by mail.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:????????????????????????????_____________________________

???????????????????????????????/span>????? M Copper, Defendant in Pro Per