HOV Violation Traffic Ticket

Tacoma commuters who take the high occupancy vehicle (HOV) lane can shave 10-25% off their travel time during peak hours. Saving time on your commute is just one of the benefits of HOV lanes. They also reduce the volume of traffic congestion and air pollution across Washington State. However, they are no longer effective when Tacoma drivers abuse the carpool lane.

First responders, like ambulances, Tacoma firefighters, and Pierce County law enforcement, use the diamond lanes for emergencies. When you abuse the lane, you stand in their way. This is why Tacoma law enforcement and Pierce County Courts do not take diamond lane violations lightly. They will use all the tools at their disposal to punish you.

However, this doesn’t mean you can’t fight back. Whether it was a simple misunderstanding or you were using dummy passengers, we'll help you build a strong defense to reduce charges and penalties. Our team is standing by at our Pierce County law offices, ready to take your case. Call us now, and a skilled Tacoma attorney specializing in HOV violations defense will review your case for free.

What Constitutes An HOV Violation Under Washington State Law?

RCW 46.61.165 states:

"Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction."

So, if your vehicle is not on the list of legal vehicles for the HOV lane, then you violate the law. Washington State law designates the HOV lane for the following vehicles:

• Carpools
• Motorcycles
• ​Public Transit​
• Buses
• ​Emergency Vehicles

Beyond HOV lanes, Washington State designates Express Toll Lanes (ETLs) and High Occupancy Toll (HOT) Lanes for the following vehicles:

• Carpools (with an HOV Flex Pass)
• Motorcycles (with an HOV Motorcycle Pass)
• ​Public Transit​
• School Buses
• Private Buses​
• Over-the-Road Coaches
• Emergency Vehicles
• Non-Profit Rideshare Vehicles

If Tacoma law enforcement catches you using these lanes without the proper legal designation, you will be subject to several legal penalties.

What Are The Penalties For A Carpool Violation In Tacoma?

Under RCW 46.61.165, the penalties for HOV lane violations in Tacoma are high, and they escalate with repeated offenses:​

• First Offense: $186 fine.
• Second or Subsequent Offenses Within Two Years: $336 fine.
• Use Of A Dummy Or Mannequin: An additional $200 fine if a driver uses: "a dummy, doll, or other human facsimile to make it appear that an additional person is in the vehicle." (RCW 46.16.165)

If you were also speeding, tailgating, or splitting lanes, you will face penalties for those infractions. In addition, HOV violations are moving violations in Washington State, which appear on your driving record, often increasing your car insurance rates.

FAQs About Fighting Your HOV Violation Traffic TicketLocal Legal Advice When You Need It Most

Tacoma's HOV lanes are all along the I-5 corridor, stretching from the Fife area south through Tacoma and into Lakewood. These lanes are part of a larger Puget Sound regional system, but Tacoma's segment is crucial because of its heavy commuter traffic and proximity to Joint Base Lewis-McChord (JBLM). HOV lanes ease congestion through some of Tacoma's busiest routes and help commuters from areas like South Tacoma, University Place, and even as far as Puyallup reach downtown Tacoma faster during peak hours.

Tacoma police actively patrol these HOV lanes, especially during morning and evening rush hours. Common enforcement spots include the I-5 stretch near McKinley Avenue and Portland Avenue exits, where drivers often cut into the HOV lane accidentally. Another hot zone is the I-5 onramp at South 56th Street, where troopers frequently check for solo drivers using the carpool lane illegally.

Fortunately, our Tacoma driver defense attorneys are here to help. We know the local area and the laws about HOV lanes. Count on us to review your case and help you build a strong defense that works in Tacoma-area courts.

HOV Violations In Tacoma Are Serious

A carpool violation is a ticket you get for using the carpool lane the wrong way. You cannot use the HOV lane if you are driving alone in your car. If you break this rule, a police officer can give you a ticket, which you might have to pay a lot of money for, and it will go on your driving record. An attorney can help. With our knowledge of the rules, we might be able to keep the ticket off your record. Call us, and we'll let you know your options for free.

What Happens When You Face An HOV Traffic Violation In Tacoma?

If Tacoma law enforcement gives you a ticket for an HOV traffic violation, here's what you can expect to happen next:

1. Pay The Fine Or Contest Your Ticket: If you agree with the ticket, you can pay the fine. Payment instructions will be on the ticket. If you believe you were wrongly ticketed, you can contest the ticket. You'll need to appear at the Tacoma Municipal Court, located at 930 S. L Street, Tacoma, WA 98405.
2. Appear In Court To Contest the Ticket: If you choose to contest the ticket, you'll have a hearing in the Tacoma Municipal Court, where you will present your case, and the prosecutor or judge will decide if you should pay the fine. If you are found guilty, the fine will stand. However, if the case is dismissed or reduced, the violation may not appear on your Washington State driving record.

After your ticket is processed and you've either paid the fine or contested it, the outcome will be recorded with the Washington State Department of Licensing (DOL). If you've been found guilty or paid the fine, the violation will appear on your record and may impact your insurance rates. You may also have to attend a driving safety course or deal with other consequences if you've accumulated multiple violations.

Contact Our Experienced Driver Defense Attorneys In Tacoma Now

HOV violations are not always accurate, and if you're ready to contest it, our Tacoma legal team can help. Oftentimes, Tacoma police can misinterpret the circumstances, and you may have met the requirements for an infraction. We know how to put together a strong defense that convinces the Tacoma judge and prosecutor to dismiss the charges.

Further, police also cite you for other infractions even when the HOV infractions are accurate. When compounded, these violations can stack up. However, we can negotiate with the prosecuting attorney and the courts to reach a fair outcome. No matter the circumstances behind your HOV violation, our knowledgeable attorneys are on the case. Call our Tacoma law offices now and schedule your free consultation.

Tacoma's carpool lanes have complex rules and layouts. The sections along I-5 near the Tacoma Dome and the transitions around SR-16 are infamous for their confusing signage and lane markings. The HOV lanes on I-705 can also be really confusing. Add to that the complex HOV rules that dictate time and vehicle occupancy requirements, and it's easy to inadvertently commit a lane violation and end up with a citation from Tacoma law enforcement.

When To Seek Legal Advice For Carpool Lane Violations In Tacoma

If you face substantial fines, a license suspension, or risk to your professional driving credentials, you must consult our Tacoma driving violations attorneys. Further, you should speak with our defense attorneys if you believe law enforcement issued the citation in error. Finally, if your job depends on maintaining a clean driving record, our legal team can fight to reduce the penalties or dispute the charges altogether.

For 20 years, we've helped our clients fight lane violations across Western Washington. We know what defenses work and how to get the Pierce County Courts on your side. Contact us today for a free consultation and learn how we can help you.

What Are The Penalties For Lane Violations In Tacoma?

In Tacoma, penalties for lane violations include:

• Fines: Fines are tiered based on the severity and frequency of the offense but can exceed $250.
• Traffic School: You may be required to attend traffic school, particularly if the lane violation is part of a pattern of unsafe driving or if it resulted in an accident.
• License Suspension: In cases of severe or repeated lane violations, the court may suspend your driver's license.

As with other types of traffic violations, lane violations can lead to higher auto insurance rates. Insurers view a history of traffic violations as indicative of risky driving behavior. If cited for a lane violation in Tacoma, consult our defense lawyers to understand the full impact of a lane violation conviction.

How Carpool Lane Violations Can Affect Commercial Drivers And Their CDL

In Washington state, carpool lane violations are moving violations, so they have serious repercussions for commercial drivers. Even if you are driving your personal vehicle, a carpool lane violation can impact your Commercial Driver's License (CDL). Accumulating multiple moving violations can result in severe penalties, including temporary suspension or even revocation of a CDL. Furthermore, employers often review driving records periodically and may hesitate to hire or continue employing drivers with multiple violations.

With so much at risk, you must speak with our Tacoma driving attorneys. We'll review your case and help you keep your professional licensing.

What Does The Pierce County Prosecutor Have To Prove For A Lane Violation Conviction?

For a lane violation conviction in Pierce County, the prosecutor must prove specific elements to establish that a driver failed to comply with lane usage regulations. Here's what needs to be established:

1. Clear Violation Of Lane Rules: The prosecutor must show that the driver did not adhere to the marked lanes or lane usage rules as prescribed by Washington state traffic laws.
2. Intent Or Negligence: They must establish that the driver either intentionally disregarded the lane rules or was negligent in observing them.
3. Vehicle Control: The prosecution must prove you were in control of the vehicle.
4. No Justifiable Reason: The prosecutor must demonstrate that there was no justifiable reason for the lane departure like avoiding an accident or road debris. The driver's action must be shown as unnecessary and unsafe given the driving conditions at the time.

The prosecution must prove all of these legal elements beyond a reasonable doubt to achieve a lane violation conviction in Pierce County.

How To Prove You Were Using Tacoma's Carpool Lanes Legally

Proving that you were using Tacoma's carpool lanes legally requires demonstrating that you complied with the rules. Here is how our Tacoma lane violation defense attorneys can present to substantiate the legal use of carpool lanes:

1. Verify Vehicle Occupancy: The primary requirement for using a carpool lane is meeting the minimum occupancy requirements. In Tacoma, carpool lanes require at least two occupants per vehicle. We can provide evidence, such as witness statements or video footage, showing that you had the required number of occupants in your vehicle at the time of the alleged violation.
2. Time Of Use: Carpool lanes in Tacoma have specific times during which the HOV requirements are in effect, typically during peak traffic hours. Evidence such as timestamped dashcam footage can help prove that you were using the lane during the allowed times.
3. Appropriate Entry And Exit: Illegal entry or exit, such as crossing double white lines, can lead to violations. Photographic or video evidence can be used to show that your vehicle adhered to the proper points for lane changes.
4. Signage And Road Markings: Sometimes, the signage or road markings might be unclear or obscured. If you believe this contributed to your situation, providing photos or videos showing obscured or missing signs and improper lane markings can support your claim that you were misled about the proper use of the carpool lane.

Gathering and presenting this evidence during a traffic court hearing or pre-court negotiations can support your claim that you were using Tacoma's carpool lanes legally.

Our Experienced Tacoma Traffic Attorneys Get A Favorable Outcome For Your Case

Tacoma's carpool lanes can be especially perplexing along the stretch of I-5 that passes through the South Tacoma Way area, where lane merges and exits can be particularly confusing. The HOV lanes around the interchange with State Route 512 are also notorious for their complex entry and exit points. Then, the transitions between carpool and regular lanes on State Route 167 near the North Meridian area are also challenging.

No matter where your moving violation occurred in Tacoma, our defense attorneys are on the case. We believe that every lane violation can be challenged. Contact our law offices now to schedule your free consultation.

Most individuals should be familiar with carpool violations. For the most part, those lanes are in affect 24 hours a day with some exceptions. The lane is to be only used if you have the proper number of individuals in the vehicle – 2+ and in some places 3+. If you do not have the proper number of individuals and it is not an off hour where applicable, then you cannot use the lane.

The biggest excuse officers and Judges hear from people who are caught driving in the HOV lane improperly is that they were only using it to pass slower traffic. That is not a valid reason to use the lane. It is not a passing lane. If it was, that lane would be completely clogged during rush hour with everyone trying to pass everyone.

A carpool violation has the same problem as a failure to obey traffic control device ticket. It is a pretty black and white citation. Were you in the lane? Where you the only person in the car? Not terribly complicated. Despite that fact, an experienced attorney often can find a fault in the ticket or work out a favorable resolution with a prosecutor so don’t give up. Contact the Law Offices of Jason Newcombe to have one of our experienced traffic attorneys handle your matter.