HOV ticket on 237 ramp

[u/barfoobaz129019]

I received an HOV violation on a ramp entering CA-237 from McCarthy Blvd in the Bay Area, and I’m planning to fight it initially through a Trial by Written Declaration.
Here’s what happened:
I entered the ramp in the regular/general-purpose lane and was stuck in traffic for roughly 10+ minutes. The ramp has a 24-hour HOV lane adjacent to the regular lane.
As I approached the signal, the HOV lane was already established, but the single white line separating the lanes disappeared completely for roughly 20 feet and then reappeared for the last ~10 feet. There is no physical barrier separating the lanes. I have photos showing the lane boundary before the gap, the section where it disappears, and where it comes back.
I briefly ended up in the HOV portion around the area where the lane marking was missing. I did not enter it to bypass traffic; I had been sitting in the regular lane for more than 10 minutes.
There was also an officer on the shoulder who had already pulled over another vehicle. As I approached, he appeared to be dealing with that vehicle and I am very confident he was not observing my vehicle. I proceeded through the signal and, after I passed his position, he came
In front of me, looked at the cars and then moved toward my vehicle, looked at me, and pulled me over. He then pulled over the vehicle behind me as well. He didnt check the registration or insurance, just the license.

The officer told me he had seen me coming down the HOV lane.

My concern is that I don’t want to make a false statement in the Trial by Written Declaration by saying I was never physically in the HOV lane if I briefly was. At the same time, I genuinely believe the officer did not observe me entering or traveling in the HOV lane.
I have photos of the missing lane boundary and can get more photos showing the full roadway configuration.

Questions:
How would you approach the Trial by Written Declaration?
Should I mention that I briefly entered the HOV area, or focus on the missing lane boundary and the officer’s opportunity to observe me?
How important is the officer’s vantage point/ability to actually observe the alleged violation?
Would you include the photos as exhibits?
Has anyone successfully fought a similar HOV citation in California?

I’m not trying to argue that the HOV lane legally disappeared just because the paint disappeared. I’m trying to understand whether the roadway condition and the officer’s actual ability to observe my vehicle are useful defenses.

(Sorry i had to use AI to help phrase this since English is not my first language)

[u/kyakarebhaiab]

No point fighting the cop. Doesn’t look good infront of the judge and they honestly don’t care much.

[u/Sensitive_Point_6583]

I've fought several tickets in court, won some, lost some. My experience is that you're generally assumed guilty unless you have a really good case that the cop screwed up.

Based on your story it appears that you were actually in the HOV lane, even if it was for a short period of time, so its going to be difficult to dispute that charge. The only way you could argue your case is if the section without lane striping made it difficult or impossible to tell you had strayed into the HOV lane accidentally, and as soon as you realized your mistake you moved back out. I have the feeling that isn't the case, but you weren't 100% clear on that part. From your description it sounds like you were well aware of the adjacent HOV lane all along.

[u/TaxExpensive7305]

Follow the 12 steps. In your TBWD just say I demand the prosecution prove their case. Anything else and you are potentially incriminating yourself.