To help the environment and encourage carpooling and ridesharing, the state of California has incorporated HOV lanes, otherwise known as High-Occupancy Vehicle Lanes, on several highways. This lane was designed to alleviate road congestion and maximize the rider capacity on California Roads. These lanes may seem like a lifesaver; however, there are some rules and regulations you should learn before using them. So let’s take a look at what cars qualify for HOV lane in California.

How to Know a Lane is Carpool or HOV?

The California HOV or Carpool, or Diamond lanes are usually located on the inside (left) lane and are identified by signs along the freeway and white diamond symbols painted on the pavement.

So What Cars Qualify for HOV Lane in California?

The following vehicles are allowed to drive in HOV Lanes:

1. Motorcycles
2. Public Transit Vehicles (i.e., busses)
3. Certain plug-in hybrid, alternative fuel, and clean air vehicles (must have green or white decal issued by the California DMV)
4. Any vehicle with two or more occupants (some highways require three or more)

HOV Occupancy Rules 

There is an occupancy requirement with HOV lanes. Vehicles with two or more occupants are allowed to access the HOV lanes during their operational hours. An ‘occupant’ is defined as any person who occupies a safety restraint device such as a seat belt. 

Each vehicle that travels on an HOV lane must carry the minimum number of people posted at the entrance signs. Usually, that means at least two people, or in some cases, three people. This is non-negotiable. Therefore, a child counts as a person but not an animal or unborn child.

Any vehicle subject to the 55 MPH speed limit like large trucks or vehicles towing a trailer cannot use an HOV lane even if they meet the required number of occupants.

Exceptions to the Occupancy Rule 

Be mindful of the fact that this occupancy requirement does not apply to motorcycles or vehicles with green or white decals issued by the California DMV. Motorcycles and vehicles with green or white decals can drive solo in the HOV lane unless a sign indicates otherwise.

Other exceptions include:

• Part-time High-Occupancy Vehicle (HOV) Lanes: These lanes are carpool only during peak travel times such as 6-10 am and 3-7 pm on weekdays (Monday through Friday).  As a result, it is legal for single-occupant cars to use these lanes when it is outside the HOV hours of operation. Signs will be posted next to the HOV lane telling drivers when the lanes are carpool only. Part-Time HOV Lanes are more common in Northern California. In Southern California, typically, HOV lanes are separated from regular lanes by a buffer and are in effect 24/7.
• High-Occupancy Toll (HOT) Lanes: These HOT Lanes or “Express Lanes” allow single-occupant vehicles as long as they pay a toll. The toll can be paid electronically with a FasTrak responder or through a Prepaid Express Account. Express lanes may never be used by vehicles that are restricted to 55 MPH speed limit such as trucks and cars with trailers. 

If unsure that you qualify for the HOV lane, always stay on the safe side and don’t drive in this lane. Traffic may be bad but getting an expensive carpool traffic ticket could really ruin your day. 

Carpool Lane Ticket Cost

An HOV lane violation ticket is a minimum $490 fine. The fine can increase for repeat offenders. Additionally, you could end up with a point on your driving record depending on the carpool lane violation. If you received a traffic ticket for crossing the double lines to get in or out of the HOV lane then a point will be added to your driving record. A DMV point will stay on your record for the next 3 years and increase your insurance premiums. On the other hand, a traffic ticket for driving solo in the HOV lane does NOT carry a point.

What If I Get a Carpool Ticket

Mistakes do happen; we are all human. Maybe you were trying to merge with heavy traffic and found yourself in the wrong lane by accident. Or it could be that you moved into the carpool lane for safety reasons. Either way you were caught and given a HOV lane ticket. This can be upsetting. But, you are not alone. It is one of the most common traffic violations in California. So what do you do? The best and easiest way to fight a carpool lane ticket is through a trial by written declaration.

A trial by written declaration is contesting your ticket in writing instead of going to court. This not only saves you time but if your ticket is dismissed, there are NO points and NO fines. Keeping your driving record clean.

TicketBust Traffic Ticket Dismissal Services

At TicketBust, we have helped thousands of drivers fight their traffic tickets through the trial by written declaration process. Our defense system builds a case for you in writing. All you have to do is tell us what happened, download the documents and send them to court. This way you can say goodbye to all those fines, fees, and points. As well as, not worry about insurance costs skyrocketing. Get started here or give us a call 800-850-8038.

Over five million speeding tickets are issued every year in California. That’s a lot! If you have been given a speeding ticket in California, you will know how expensive and tedious they can be. If you have been lucky enough not to get a speeding ticket in California, then you may still want to know what the process is when you get one. They hand them out very easily, so if you are ever followed by flashing lights and know a speeding ticket is coming your way, you can come back to this post to know the best way to fight it. So let’s take a look at how to contest a California speeding ticket by written declaration. 

What is a Trial by Written Declaration?

A trial by written declaration is a way to fight your traffic ticket through writing instead of an in-person trial. The option of written declaration is in small print on the back of the speeding ticket. For the trial by written declaration, you must use the TR-205 court form, and you have to fill up necessary information such as name, citation number and address. Additionally, you must submit the form along with an explanation of what happened and why your ticket should be dismissed. If your ticket is dismissed, there will be no fines, no points and no court. 

Why Judges and Courts Prefer Written Declaration

Contesting a speeding ticket by a written declaration in California is a much more straightforward process for yourself as well as the court, which they will appreciate. With over five million speeding ticket claims to file every year, you can imagine how much pressure this puts on the court. Plus, if you contest your ticket through a written declaration, you will make your life easier by not having to appear in court. 

Additionally, the judge reviews written defenses in the privacy of his chambers instead of in the noisy, busy courtroom. Therefore, they are often in a better mood and not influenced by the other cases they are overseeing. A judge during an in-person trial could make an example of you by denying any request to reduce or dismiss the traffic ticket. 

Other reasons to contest a speeding ticket through written declaration:

• Unlike appearing in court, a police officer is not incentivized to do written paperwork. So there is a better chance the officer will decide not to do the paperwork required for a written declaration or do a poor job responding. If this is the case then your ticket will be dismissed.
• You get more than one chance to get a ticket dismissed. If you decide to fight your ticket through a trial by written declaration and it is unsuccessful, you can still file for retrial or go to traffic school. But go to court and that is it. Whatever the judge decides in the courtroom is the ruling. 

Do I Need to Hire an Attorney?

When you commit any offense, such as a speeding ticket, you may instantly feel you need to hire an attorney. The legal side of the offense may feel overwhelming to you. You may not understand it or how to contest the claim effectively. But a written declaration does not require expensive lawyers. 

How to Utilize a Trial By Written Declaration

Writing up a defense may seem easy but how you compose it matters. If you don’t select the proper words while defending your case, then you may not be able to get your case dismissed. Or worse you may get convicted for not knowing vehicle laws or poor choice of words. 

Fortunately, this is where TickerBust comes in. They can help you file a written defense that makes legal sense and will cover all bases in order for you to successfully contest the ticket. Instead of worrying yourself and writing a defense claim that could be used against you, you can use TicketBust to help you get out of the situation smoothly. The only information they need is some finer details of the incident so that they can write up the defense appropriately. They will also need the speeding ticket so that they can overview the case date and any details the officer left. 

Once that is completed, you will receive a letter and further documents that TicketBust has created on your behalf, which you will simply need to print and sign. Then you can mail the written defense to the court along with your bail check and wait to hear back. The waiting time to hear back about contesting a speeding ticket in California can take anywhere between 30 and 90 days. In that time, you can de-stress and stop worrying about the case as it is in good hands. 

A Trial by Written Declaration Results

No matter what a driver should always contest a speeding ticket by written declaration in California. Because if your speeding ticket is dismissed, you will receive a full refund of the bail check you sent them and no points will be added to your driving record. Even if the speeding ticket is not dismissed, you still have the right to go to court, file for a new trial or go to traffic school. 

Keep in mind, if you go to court instead of fighting through a trial by written declaration, the judge ruling is final. If you lose in court that is it and you will have to pay the fine and a point will be added to your record.

Why Use TicketBust for Your Speeding Ticket

Have you gotten a traffic ticket for speeding in California? TicketBust can help you get your ticket dismissed through the simple, fast process of Trial By Written Declaration.

You don’t have to wait on the phone, go to court or talk to a judge. All you need to do is visit ticketbust.com and we’ll do the rest!

Have you received a traffic ticket in California, and are exploring all possible options to dismiss your citation? Chances are, you’ve stumbled across the term “trial de novo.” Let’s go over what this legal term really means, while examining the benefits of requesting a new trial.

Breaking Down a “Trial De Novo”

California Vehicle Code section 40902d states, “If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.” A trial de novo can be requested if an individual is unhappy with their Trial by Written Declaration results, and desires an in-person trial to be held to revisit the case. Take a look at the back of your citation. There is a Trial by Written Declaration option. This is the most effective method to beat a California traffic ticket because you don’t have to appear in court, the courts are already overloaded, and the officer has to respond in writing—they aren’t typically fond of writing. Arguably most importantly, is the fact that you have the right to a trial de novo if the Trial by Written Declaration results are unfavorable.

In this new trial, you have all of the same rights as in a normal trial. This includes the right to confront and cross-examine the citing officer and the right to produce witnesses and evidence on your behalf. Keep in mind that requesting a trail de novo is not possible if you chose to proceed directly to a court trial—they are only a legal right of those who submitted a Trial by Written Declaration.

Advantages of Requesting a Trial De Novo

What’s the great thing about a trial de novo? Essentially, you have the legal right to a new trial, merely because you are unsatisfied with the judge’s decision regarding your case. The police officer that cited you is also required to show up to the new trial. If the officer fails to make an appearance, the infraction will most likely be dropped. Officers do not show up in court as often as one might think. This proves why you should always request a trial de novo if your Trial by Written Declaration fails to reduce your bail amount by any margin.

Trial De Novo Tips

To request a trial de novo, fill out the form TR-220 and mail it. Send your motion for trial de novo via certified mail with a request for a return receipt. This makes it so the court cannot deny the reception of your trial de novo request. A “failure to appear” offense can result in license suspension and jail time in some cases. The point is, use certified mail when dealing with the court. Fill out and print the request form here: https://www.courts.ca.gov/documents/tr220.pdf Most traffic courts in California enforce a 20 day time limit from the mailing date of their initial Trial by Written Declaration decision, to deliver your trail de novo request.

There is no guarantee that your citation outcome will be improved by a trial de novo. In fact, you could request a new trial after a Trial by Written Declaration reduces your bail from $300 to $200, and then have the full $300 enforced after a formal court hearing. Requesting a trial de novo effectively voids any decision reached from a Trial by Written Declaration.

First Things First: Request a Trial by Written Declaration

California traffic tickets are immensely expensive, relative to the rest of the United States. However, it is possible to dismiss your ticket fully, and avoid the financial burdens that come with it. TicketBust helps to relinquish your ticket with no court involvement, no paperwork, and minimal waiting. The Trial by Written Declaration is your best friend. If this fails, move on to your second-best friend—the trial de novo. If you have any questions regarding the trial de novo process or fighting a traffic ticket, do not hesitate to contact us.

How Much Is a Texting While Driving Ticket in CA?

Everyone knows you shouldn’t text while driving, but all it takes is a quick glance around while you’re sitting in traffic to realize that “knowing you shouldn’t do it” is different from “not doing it.” In fact, one of the most common tickets in California now is a ticket for texting while driving. According to California Vehicle Code 23123 VC, the California Legislature says, “a person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” But how much does it really cost if you receive a texting ticket?

Upfront Texting While Driving Ticket Costs

The same governing body of CA that is responsible for creating these laws, is also responsible for determining how costly it will be for drivers who are caught texting by law enforcement. The initial ticket cost for texting is explained as follows:

“A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.”

Some people look at that number and think… who cares about a $20 or $50 fine? The problem is that the fee due to the State of California in the form of the violation fine is hardly the real amount that you would be responsible for if you got this ticket. Texting while driving tickets can incorporate many hidden fees that you have likely now thought about until after you start to go through the process of handling that ticket with the court.

Hidden Costs of a Driving with a Cell Phone Ticket

The dangers of driving while texting are incredibly high and the National Safety Council reports indicate 1,6 million crashes a year occur because of the use of cell phones while driving. Additionally, the NSC says that 660,000 drivers are attempting to use their phones while driving at any given time! Imagine the costs of the 1.6 million crashes that occur each year. Usually, the physical damages to a car would be around a few thousand on average. But, there are often two or more cars involved in each accident.

And, settlements can be included as well if someone is hurt from an accident. Additionally, the cost for insurance for those involved can skyrocket! Not to mention that if work is missed or you don’t have insurance, there additional fees. Even beyond all of those costs, you could be looking at hiring an attorney for a lawsuit incurred during the crash. This could easily bankrupt a person instantly under the wrong circumstances. Or, you may be stuck with a more conventional route (if you’re lucky)…

The cost of fighting the texting while driving ticket is a huge amount by itself, without looking at the added expenses associated with an accident. For example, let’s start with the $20 fee. Then, let’s add on the cost for your time in searching for a way to fight it or looking for an attorney to hire. That’s easily another $100 depending on how much you value your time. Also, don’t forget that you will need to take off work if you plan to fight the ticket in court. That’s likely another few hundred dollars. Or, you can choose to hire an attorney to go for you and that’s about a few hundred dollars after their fees total up (and sometimes much more).

You’re already looking at a nearly $500 bill for the ticket. But, remember, if you get the chance to do traffic school, that can run you another couple hundred dollars potentially for the course itself – plus an additional few hundred dollars for the amount of work you have to take off. Finally, don’t forget that you get a point on your driving record for this moving violation, and that can raise your insurance rate a few hundred dollars a year easily. Now you’re looking at a potential cost of nearly $1,000 for the actual price of the ticket.

If you aren’t paying attention to the road, you are also in danger of getting other tickets. One of the the most common traffic tickets we see that our clients privately admit to being on the phone for, is CVC 21453 a. That is a ticket for passing the limit line on a red light… Something that is normally very avoidable.

Alternative Ways to Fight a Texting While Driving Ticket

This is what TicketBust is best known for – helping people to fight their traffic tickets! Using a vague process that most people don’t even know exists, we have found a way to allow people to avoid the costs in many scenarios. The way we do it is through something called a Trial by Written Declaration. It’s a small little tool used on the back of a ticket by those that understand the legal system well.

For any California ticket, we are able to use the “magic template” plus the specific input from you about your ticket circumstances to give you an extra chance to fight a texting while driving ticket that may have otherwise cost you a fortune. We charge a nominal fee that basically pays us for the help we give in preparing your argument in a way that has already proven to work for literally hundreds of thousands of people with tickets for texting or using their cell phones while driving their vehicles.

Do you want to fight you texting while driving ticket without risking all of your time and money? Call us today at: (800) 850-8038 and we will help you move on from this experience.