Vehicle Code 21655.8(a) - Preferential HOV Lane Violation

Staying safe on the road means that you must take all of the proper precautions to follow the driving laws. If you’ve found that you have received a citation for a Vehicle Code 21755(a) violation, you might have some questions about what has led to receiving it. To help you out, we will cover the basic details you should know below, including the following:

• What is Vehicle Code 21755(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 21755(a) violation

What is Vehicle Code 21755(a)?

As always, it’s best to start with the California legislature definition of a Vehicle Code 21755(a) violation and start from there. The code states that Vehicle Code 21755(a) relates to when “the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway.”

Thankfully, this one is pretty simple. If you are going to overtake someone on the right, you must do so safely by moving into the right-most lane. But let’s dive a little deeper below to see what it looks like.

What does it mean to have violated Vehicle Code 21755(a)?

Sometimes it can feel as though a citation for a Vehicle Code 21755(a) violation is issued in situations where it doesn’t make sense. So, for the purposes of getting a feel for how it might be appropriately applied, let’s put a fictional California driver, Kamal, into a few driving situations.

Kamal wants to beat the light before it changes to red, so they decide to pass a car on the right using the shoulder of the road. Kamal would be guilty of a Vehicle Code 21755(a) violation because you cannot use the shoulder of the road to pass anyone. Kamal would need to pass the car in a legal lane to the right, or on the left, and only if passing is allowed in that area.

In another situation, Kamal is driving behind a vehicle in the middle lane, which is frustrating Kamal. Kamal, feeling very angry, swerves into the right-most lane, then swerves back into the middle lane directly in front of the car they had been previously following. In this case, Kamal did use the right-most lane correctly, but was operating the vehicle recklessly by swerving in and out of the lane too close to the other car. Part of a Vehicle Code 21755(a) violation is because the lane is being used unsafely, after all.

There are situations, of course, where you have to “break” this law, but have no other choice. These would be exceptions, and you can argue these in court (which we’ll talk about in the next section). The main one is that you are forced to pull onto the shoulder or into the right lane in an “unsafe manner” for an emergency reason. For example, an emergency vehicle is coming up quickly in front of you or behind you, and all the cars are trying to get out of the way.

Another situation could be if the car in front of you stops suddenly, or even gets into an accident. You must swerve right, onto the shoulder, to avoid getting into an accident, too. In these cases, you have to do what’s best for you and your safety, and you can bring this up on your court date.

Another exemption to receiving a Vehicle Code 21755(a) violation would be that you did pass someone on the right, but you did so in a proper lane (rather than a shoulder), and you didn’t swerve or otherwise drive in a way that was dangerous. A peace officer can sometimes wrongly assign this citation.

What can I do about this violation?

Whenever you get a citation like this in the mail, you will be issued a court date on which you need to attend traffic court and enter your plea of innocent or guilty. It is very important that you attend this court date, as avoiding it can only make things worse. Not only can it add its own violation, but it can also lead to the court issuing additional fees due to the wasted time.

When you receive this violation, you will need to enter a plea of innocent or guilty. If you are innocent and can prove that you are, such as in the exceptions listed above, then you will want to enter an innocent plea. It can often be hard to provide evidence of innocence in a lot of traffic citations, so it is recommended that you hire an experienced traffic court attorney to help you prepare a strong case that will lead to an outcome in your favor. A traffic attorney can also attend court on your behalf, which is often a positive thing for most busy people.

If you are guilty and know that you do not qualify for one of the exceptions, it’s important not to be tempted to enter an innocent plea. If you are found guilty due to a lack of evidence, etc., then this will only lead to the court possibly issuing extra fines and possibly more violations. Honesty is essential in a court situation.

The actual cost of this violation is $234. There are also court fees and the possibility of traffic school fees (more on that in a bit) that can be added to it. You will also have 1 DMV point added to your driving record. You will be responsible for paying all fees before you can attend traffic school and move on from the court date.

Other possible Vehicle Code violation connections

Some violations in the CVC are closely linked. Depending on the situation surrounding your citation and your driving record, some or all of the similar violations can be added to your citation notice, or announced on your court date — especially if you are acting inappropriately, such as missing your court date or found to have entered a deceitful plea.

● Vehicle Code 21650: This citation refers to the necessity to drive your vehicle on the right side of the road.

● Vehicle Code 21654: This citation refers to driving slowly in a left lane, where right-hand lanes are reserved for slower drivers.

● Vehicle Code 21658: This citation refers to straddling a lane or weaving within a lane of traffic on the road.

Both the peace officer who issued the Vehicle Code 21755(a) violation citation, as well as the court that is responsible for your case, can add any of these codes and others, if they find them appropriate. They can also use any or all of these codes in place of the Vehicle Code 21755(a) violation, if they find it best to do so.

Is this ticket eligible for traffic school?

Thankfully, there are certain tickets that are eligible for traffic school, since they are moving citations. As long as you have not committed a Vehicle Code 21755(a) violation in a commercial vehicle nor have attended traffic school in the past 16 months, you will find that a Vehicle Code 21755(a) violation is eligible for traffic school.

For most people, the main reason they attend an accredited traffic school such as MM TRAFFIC SCHOOL is to mask the 1 DMV point that would be added to their driving record if they are found guilty of a Vehicle Code 21755(a) violation. This matters if you were to be pulled over by peace officers in the future, as it will show up, and it can also impact our insurance premiums or eligibility when you adjust your policy information.

Another strong advantage of attending traffic school is that the lessons are carefully designed to be memorable. After all, the whole point of re-education is to learn and remember what you are taught. Modern classes are fun, educational, and memorable for a safer driving experience in the future. Plus, attending traffic school can refresh your memory on other driving laws that may have been slipping your mind.

The cost will be $286 to attend traffic school, and this cost will be added to the above-mentioned fine for the Vehicle Code 21755(a) violation and any court fees issued at your court date. Please contact us if you would like to learn more about your Vehicle Code 21755(a) violation or our programs. If you have questions specifically regarding your court date, it is best to contact the court that mailed you your citation.