“What we’re talking about here is a pretty simple case,” Greene said, citing California Vehicle Code Section 470, which states that “‘Person’ includes a natural person, firm, copartnership, association, limited liability company or corporation.”
Greene, who is also a San Anselmo town councilman, asserted that the charge against Frieman should be dismissed, “since a corporation is a person and Mr. Frieman was traveling with a corporation.”
“The evidence is undisputed, the signs say carpool is 2 or more persons,” Greene pressed, arguing that the carpool law is “unconstitutionally vague.”
“A citizen should not be left to guess when he is in violation of a statute,” Greene argued.
Judge Drago disagreed, citing the “intent of the legislation,” which is “to relieve traffic congestion on highways” and to encourage people to carpool.
“The goal is to reduce the volume of traffic on the highway,” Drago said before finding Frieman guilty and imposing a $489 fine.