Beating a “Carpool Violation” ticket in Nevada (NRS 484B.323)

Driving in a carpool lane (also referred to as an “HOV” lane) with no other passengers is against Nevada law unless:

• the vehicle is a motorcycle or bus; or
• the vehicle is an emergency vehicle

The typical civil penalty for violating NRS 484B.323 in Las Vegas is $352, and it carries four (4) demerit points on the person’s driver’s license.

In this article, our Las Vegas traffic ticket attorneys answer frequently-asked-questions about carpool laws in Clark County and throughout Nevada, including how to fight the charge, possible punishments, and license suspensions.

Click on a carpool topic below to jump to that section:

• 1. When can I drive in the carpool lane in Nevada?
• 2. How do I fight the charges?
• 3. What are the penalties for driving in the carpool lane in Las Vegas, Nevada?
• 4. Can I get a carpool charge reduced?
• 5. How many points will a carpool charge put on my driver’s license in Nevada?
• 6. Will my auto insurance premiums go up?
• 7. Do I have to do traffic school?
• 8. What happens if I ignore my carpool ticket?
• 9. What will happen to my commercial driver’s license?
• 10. What will happen to my out-of-state license?
• 11. When can I get the case sealed?
• 12. Will I get deported?
• 13. Should I fight the ticket or just pay the civil penalty?
• 14. Can I go to trial for a carpool case?
• 15. Do I need an attorney?

If you have been injured by a vehicle that was driving illegally in a carpool lane, you may be entitled to substantial money damages. Contact our Las Vegas personal injury attorneys to learn more.

1. When can I drive in the carpool lane in Nevada?

Driving in a designated carpool lane is legal in Nevada if:

• the vehicle is transporting more than one (1) person;
• the vehicle is a motorcycle, regardless of the number of passengers;
• the vehicle is a bus, regardless of the number of passengers; or
• the vehicle is an emergency vehicle

Carpool lanes are also called HOV lanes. HOV stands for “high occupancy vehicle.”¹

1.1. HOV hours of operation in Las Vegas

HOV hours are 24/7.²

1.2. HOV speed limits in Las Vegas

Unless otherwise indicated, the speed limit on US 95 in Las Vegas is only 65 mph. The Nevada Highway Patrol is on high alert for the many drivers who mistakenly believe HOV lanes have higher speed limits than the rest of the highway.

Note that HOV lanes are different from express lines, like the ones on Interstate 15 south of Sahara Avenue. Express lanes are separated from other traffic by a double white line, and they are meant to segregate motorists traveling long distances and those exiting along the 15.³

2. How do I fight the charges?

Common defenses to carpool violation charges in Nevada are:

• There was more than one (1) person in the vehicle at the time; or
• The driver was not in the carpool lane

Typical evidence in carpool violation cases includes surveillance video, eye-witnesses and GPS records, if they exist.

3. What are the penalties for driving in the carpool lane in Las Vegas, Nevada?

Wrongly driving in the carpool lane in Nevada is a civil infraction (not a misdemeanor) carrying at least a $250 civil penalty. In the city of Las Vegas, the fine is $352.⁴

4. Can I get a carpool charge reduced?

Unless the defendant has a long history of traffic violations, most carpool charges can be lessened to an illegal non-moving violation or non-moving violation. Non-moving violations carry no demerit points.

5. How many points will a carpool charge put on my driver’s license in Nevada?

Driving illegally in an HOV lane in Nevada carries four (4) demerit points. A demerit point remains on a person’s Nevada driver’s license for one (1) year. If a person gets twelve (12) or more demerit points in a year, the Nevada DMV will suspend the license for six (6) months.⁵

If a person gets his/her driver’s license suspended in Nevada for having twelve (12) or more demerit points, he/she may request a DMV hearing to fight the suspension. But it is recommended they hire an attorney to represent them.⁶

Note that driving with a suspended license is a misdemeanor in Nevada, carrying up to six (6) months in jail and/or up to $1,000 in fines.

6. Will my auto insurance premiums go up?

It depends on the insurance company, but probably. That is another reason it is so important to try to get the charge reduced to a non-moving violation.

7. Do I have to do traffic school?

Not usually. In most HOV cases, the court imposes just a civil penalty.⁷

8. What happens if I ignore my carpool ticket?

The court will assess delinquency fees. If you owe less than $2,000 in civil assessments, the late fee can be no more than $100.

Also, the judge can order that your license be suspended.⁸

9. What will happen to my commercial driver’s license?

An HOV violation will result in four (4) demerit points being added to the person’s commercial driver’s license (CDL) in Nevada. If the total number of demerit points on a license reaches twelve (12) in a year period, the DMV will suspend the license for six (6) months.

Note that people with commercial driver’s licenses have to tell their employer about any traffic violations within thirty (30) days of the incident. It makes no difference whether or not they were driving a commercial car at the time.⁹

10. What will happen to my out-of-state license?

The Nevada DMV usually provides its citation information to other states’ DMV. Consequently, the drivers’ home state DMV can impose their own demerit penalties on them for an HOV violation.

11. When can I get the case sealed?

Carpool violations are civil infractions, which do not appear on criminal records. (If you never pay the ticket, then a civil judgment against you may show up on your criminal record.)

If you had a misdemeanor conviction before January 1, 2023, then you can pursue a record seal one year after the case closes. Dismissed charges can be sealed right away.¹⁰

Your DMV driving record shows all your traffic infractions. These cannot be sealed.¹¹

12. Will I get deported?

No. Driving wrongfully in a carpool lane is not a deportable offense. Note that illegal aliens may be removed at any time.

13. Should I fight the ticket or just pay the penalty?

Everyone slapped with a traffic ticket in Nevada is encouraged to fight the case.

14. Can I go to trial for a carpool case?

Traffic ticket trials hardly ever happen because the prosecutor usually agrees to reduce the charges. Still, all defendants have the right to have a hearing to contest a traffic citation.

15. Do I need an attorney?

No, but it is highly recommended that traffic defendants hire an attorney. Lawyers usually get better results than defendants who try to negotiate their tickets without legal representation.

Furthermore, defendants who hire attorneys do not have to go to court because the attorney can appear in their place. This way, defendants who work or live out-of-state do not have to change their schedule to make a court appearance.

Call a Nevada traffic defense attorney…

Contact our Las Vegas criminal defense attorneys for a consultation. We may be able to get the charge reduced to a non-moving violation or dismissed outright with no demerit points or traffic school. For cases in California, please see our page on Vehicle Code 21655.5 VC.

And if you were injured in a car collision, our Las Vegas car accident attorneys may be able to secure your money for your medical bills, lost income, pain and suffering, and perhaps punitive damages. You could still be entitled to a large settlement even if you were partially to blame for the accident.

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