HOV Violation

In Georgia, HOV (High-Occupancy Vehicle) violations occur when drivers fail to comply with the regulations and restrictions related to using the designated HOV lanes. These lanes are intended to reduce traffic congestion by providing a faster route for vehicles carrying multiple occupants, buses, motorcycles, and more. Keep reading to learn more about HOV violations in Georgia!

HOV Violation Statute

In addition to other law enforcement agencies, the Georgia Department of Public Safety is authorized to enforce HOV lane restrictions designated by the Georgia Department of Transportation (GDOT). Under O.C.G.A. § 32-9-4, GDOT can designate lanes of the state highway system for the exclusive or preferential use of: 

• Buses; 
• Motorcycles; 
• Passenger vehicles occupied by two or more people;
• Vehicles bearing alternative fueled vehicle license plates; 
• And any other vehicles as designated by GDOT.

Penalties

People who violate the HOV lane law are guilty of a misdemeanor, punishable under O.C.G.A. § 40-6-54. The fines and penalties for HOV violations include:

• First Offense: $75.00 maximum (plus court fees)
• Second Offense: $100.00 maximum (plus court fees)
• Third Offense: $150.00 maximum (plus court fees)
• Fourth Offense: $150.00 maximum (plus court fees) and one point on the driver's record.

Defenses

There are some HOV violation defenses that your criminal defense attorney can argue based on the facts of your case, including:

• Lack of Proper Signage: Your defense attorney can argue that the HOV lane signage was unclear, missing, or not properly maintained, leading to confusion and an unintentional HOV violation. Insufficient or incorrect signage can weaken the prosecution's case.
• Emergency Situations: Your defense attorney can argue that you entered the HOV lane due to a genuine emergency, such as a medical issue or imminent danger. 
• Incomplete or Inaccurate Citation: Your attorney will examine the citation for any errors or omissions. Discrepancies in the citation can weaken the prosecution's case and potentially lead to a dismissal or reduction of the charges.
• Misidentification: If evidence suggests that you were not the driver of the vehicle at the time of the violation, such as witness statements or video footage, it can serve as a defense. Establishing that someone else was driving the vehicle could lead to a dismissal or reduction of the charges.
• Administrative Errors: Your attorney will review the ticket and any accompanying documentation for administrative errors or inconsistencies. If there are mistakes or inaccuracies, such as incorrect vehicle information or incorrect location, it may cast doubt on the validity of the violation.

Frequently Asked Questions

• What is the punishment for a HOV violation?

The fines and penalties for HOV violations include:

• First Offense: $75.00 maximum (plus court fees)
• Second Offense: $100.00 maximum (plus court fees)
• Third Offense: $150.00 maximum (plus court fees)
• Fourth Offense: $150.00 maximum (plus court fees) and one point on the driver's record.

Why you need a Lawyer for an HOV Violation

While HOV violations may seem minor, it is important to consult with an attorney who has knowledge concerning traffic laws. A lawyer specializing in traffic laws and violations will deeply understand Georgia's HOV regulations. They can assess the specifics of your case, identify any potential defenses or mitigating factors, and provide the most effective legal strategy to help you achieve the best possible outcome.

Have Questions? Give me a Call

If you or your loved one is charged with an HOV violation, I am here to help. I have decades of experience representing people charged with traffic offenses, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!