Vehicle Code 21655.8(a) - Preferential HOV Lane Violation

There’s never a good time to get a bad piece of mail, and this is especially so if it’s a traffic violation. If you’ve recently received a Vehicle Code 21655.8(a) violation citation, then you’ll probably want to take a little bit of time to figure out exactly what it is, what it means for you, and how you got it in the first place. We’ll cover the basics of that here, including the following topic areas:

• What is Vehicle Code 21655.8(a)?
• What it means to have violated it
• What you can do about the violation
• Other possible Vehicle Code violation connections
• How to avoid being cited for a Vehicle Code 21655.8(a) violation

What is Vehicle Code 21655.8(a)?

If you’ve read the name above, then you probably can already guess what this ticket relates to, but let’s start with the basics. The California code states that a Vehicle Code 21655.8(a) violation occurs when:

“ (a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.”

Makes sense, right? Sort of. What this is saying is that you must stay to the right of the double lanes marking the High Occupancy Vehicle (HOV) lane and that you can only enter or exit the lane at proper intervals. In other words, don’t enter or exit the lane whenever you feel like it.

What does it mean to have violated Vehicle Code 21655.8(a)?

If you’re still feeling confused after the vague description of what a Vehicle Code 21655.8(a) violation is, don’t worry. We’ll go over it using a few examples. To help us out, our fictional California driver, George, is going to create a few scenarios to see what it looks like in real life.

George is on his way to work one day and sees that the traffic ahead of him is bumper to bumper. He is worried about being late and missing an important meeting, so he decides to pull

into the HOV lane so that he can skip the congested traffic and get to work. He exits the HOV lane once the traffic in the normal single-occupancy lane has cleared on the road. As you can guess, he is guilty of a Vehicle Code 21655.8(a) violation because he is the only one in his vehicle, and he cannot lawfully use the HOV lane.

Similarly, George is driving with his friend to go to a movie. They are running late and want to catch the previews. So, they pull into the HOV lane randomly and drive along in the lane to make up time. While they are not breaking the law of the HOV lane since there are two people in the vehicle, you cannot randomly enter or exit the HOV lane just to weave through traffic. You must follow the line indicators on the road for safe entry and exit of the HOV lane. So, a Vehicle Code 21655.8(a) violation would apply.

Lastly, George is taking his cat to the vet for an annual check-up. He doesn’t feel like sitting in traffic during morning rush hour, so he pulls into the HOV lane to speed up the driving process. While a cat might be considered a great driving companion, a cat does not count as a second person according to the HOV lanes. This would also be the case if George decided to use the HOV illegally and used a mannequin to achieve the same process.

There are some exceptions to a situation where a Vehicle Code 21655.8(a) violation would apply, of course. The most common one is that there is no probable cause to issue the citation. So, the peace officer made an error, and George was not in the HOV lane at all.

The second exception is if George is driving a motorcycle. The HOV lane is always open to motorcycles, even if there is only one person on them. A Vehicle Code 21655.8(a) violation would not hold up in court if this were the case.

Lastly, a Vehicle Code 21655.8(a) violation would not apply if George was forced to pull into the HOV to avoid an accident, move out of the way of an emergency vehicle, or to avoid/address some other kind of emergency. In these cases, George is not deliberately entering the HOV lane to be deceitful, but rather, he is simply responding to the road conditions.

What can I do about this violation?

As with any mailed citation, you will be given information on the violation, the court date on which you need to make an appearance, and a note about whether or not you can attend traffic school (more on that later).

On the stated date and time, you will be expected to attend traffic court and formally enter your plea of innocent or guilty of a Vehicle Code 21655.8(a) violation. The most important thing about entering your plea is to do so honestly. If you know that you are guilty, it’s best to simply state that and accept the punishment and pay the fine, and any court fees added. Entering a false innocent plea can add extra fines and also lead to extra citations, since it is a waste of the court’s time if you know that you are guilty.

Likewise, if you know that you are innocent of a Vehicle Code 21655.8(a) violation, especially after reading about fictional George’s situations above, then you can absolutely enter an innocent plea. A lot of Vehicle Code violations are hard to prove, but this is one of the easier

ones. However, it is still recommended to have an experienced traffic court attorney to help you with your case.

Not only can a traffic court attorney determine the best way to prove your innocence, but they can also attend traffic court on your behalf and focus on getting the citation dismissed with the evidence gathered and presented.

For many people, the idea of attending traffic court is overwhelming and a waste of time for something as simple as a “little ticket”. However, not attending traffic court (assuming you do not hire a traffic attorney to attend on your behalf) is a large violation and will carry its own fines and also make it a lot harder for you to get out of your citation. Never skip out on your court date, no matter how much you might be dreading it!

The fine and court fees for a Vehicle Code 21655.8(a) violation, which is considered an infraction, are typically around $490 (we’ll talk a little bit more about fees later on, too). You will also have 1 DMV point added to your record. DMV points show up with peace officers who pull you over and check your record. They will also show up with insurance providers when you shop around for policies or renew your current policy.

Other possible Vehicle Code violation connections

When the court issues your citation, keep in mind that there might be more than one violation that you will be asked to answer to. This depends mostly on what is happening in the situation where the violation is cited. Some of the most common connection points are below:

● Vehicle Code 21651(a): This code refers to when you cross a divided highway in an unlawful way or at an unlawful location.

● Vehicle Code 21651(b): This code refers to driving the wrong way down the road. Or, driving on the wrong side of the road.

● Vehicle Code 21659: You can receive this violation if you are driving unsafely on a three-lane highway in California.

As well, keep in mind that there are other violations possible in the Vehicle Code 21655 section of the CVC database that could apply. Depending on the situation, as determined by the peace officer issuing the citation or the court that is responsible for handling your case, any or all of these related vehicle code violations can be added to your citation. Any or all of these could also replace a Vehicle Code 21655.8(a) violation, depending on the situation.

If the court determines that you are wasting their time (either by pleading innocent when actually guilty or missing your court date), they can sometimes add more of these violations to your citation ticket, assuming they apply. This is why it’s always best to address a citation properly and appropriately.

Is this ticket eligible for traffic school?

As mentioned above, your mailed citation may include the option of attending traffic school. If so, the fine for the ticket, court fees, and traffic school itself will be $538 total. You are eligible for traffic school when receiving a Vehicle Code 21655.8(a) violation because it is considered a moving citation (a citation due to improper movement of your vehicle, which can be re-educated). You can attend traffic school if you committed this offence in a personal vehicle (as opposed to a commercial one) and if you have not attended traffic school in the past 16 months.

There are many advantages to attending traffic school. The biggest and best one is that you will re-learn the important aspects of your driver’s education. Since CVC violations often happen due to forgetting the laws of the road, this re-education is going to support you in updating your information and ensuring that you can become a responsible, safe, legal driver in your daily commute.

Another important aspect of attending an accredited traffic school, such as MM TRAFFIC SCHOOL, is that you will be able to mask the 1 DMV point that would be otherwise added to your record. This is not “sketchy” or going to get you into any kind of future trouble, of course. This is simply a condition of attending traffic school. For many people who receive a Vehicle Code 21655.8(a) violation, this is the main benefit of attending traffic school in the first place.

Lastly, attending a modern traffic school is a great way to educate yourself in the modern driving laws in a fun, memorable way. Lessons are created and taught in such a way that you will be able to remember the laws much more easily in your daily life. This helps lead to reduced infractions in the future, and can help you feel a lot more comfortable on the road.

Do you have any questions or concerns about your received Vehicle Code 21655.8(a) citation? If so, please contact us, and we’d be happy to help! If you have any questions or concerns about your court date or similar, please contact the court which issued your citation.