As HOV Clock Ticks Down, Drivers Prepare to Pounce

"Some will wait on the exit ramps. But those inside-the-Beltway people will just jump in and take their chances," Mittendorff said.

"A lot of people use the 'talking on the cellphone' excuse," he said. "But many are quite honest, saying, 'Hey, I left the office early and pulled over rather than take a risk on getting an HOV ticket.' "

The drivers might think their actions aren't harming anyone, but, Mittendorff said, sitting on the shoulder of the road is dangerous. It's also illegal: Doing so can lead to a $40 ticket and three points on a driver's license.

That's why Mittendorff quickly pulled his unmarked, souped-up black Dodge Charger in front of several waiters near the Pentagon one day recently. It was 5:56 p.m. He jumped out in full uniform. Two cars ahead of him roared away. Another driver, from the back of the pack, also tried to pull away, prompting Mittendorff to step into traffic and point him back onto the shoulder.

Mittendorff was not surprised that several drivers peeled out to get away from him.

"It's a cat-and-mouse game," he said. He and his colleagues try to hit the regular gathering spots every day, but there is only a five- to 10-minute enforcement window when drivers pull over in the morning and evenings.

Jeffrey Smith of Woodbridge was one of those ticketed. He said he understood the danger of parking on the shoulder. "I don't dispute that," he said. "But I'm not the most patient of people."

Alexandria resident Terry Luckenbill usually hits the highway at 6:30 p.m., but on this day he had left work early for a dentist's appointment. He was alone and realized that he didn't qualify for the carpool lanes. So he pulled over by the Pentagon.

"I thought I'd better pull over, because I didn't want to get an HOV ticket," he said as he waited for Mittendorff to write him a ticket. "You just can't win."

Another driver, Scherwin Hargrove of Dumfries, told Mittendorff that she had pulled over only so she could talk on her cellphone more safely. She got a ticket anyway.

Showing just how intent commuters are to hit the lanes as soon as the HOV restrictions are lifted, no one even slowed down to rubberneck during Mittendorff's sting, despite the spectacle of four cars pulled over by two police cruisers and a newspaper photographer standing on a nearby Jersey barrier capturing the scene.

But the days of gaming the system are numbered. The two I-395 HOV lanes are scheduled to be converted into three high-occupancy toll lanes that will charge tolls 24 hours a day. The changes could be in place by 2012. The state is negotiating with a consortium of private companies on a final agreement and time frame.

The 6:01ers and 9:01ers will have to adapt and join a carpool, pick up slugs, take a bus or pay the tolls, which are expected to be more than $1 a mile. And the private companies building the road plan on strict enforcement.

Scott Digilio said he is not worried about the HOT lanes. He was parked near an HOV ramp in Springfield recently, waiting for the clock in his government SUV to turn 9:01. The State Department employee said he can make it to Foggy Bottom in 12 minutes if he gets in the lanes right at 9:01.

"The government will pay the tolls, I guess," he said.

Until that day, Mittendorff will continue issuing tickets to the 9:01ers and 6:01ers. But not enough to stop those waiting for that golden time frame.

"They'll be back tomorrow," he said. "It's all about getting that advantage."