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passing a school bus w/red lights on

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Torya

Junior Member
What is the name of your state (only U.S. law)? California
my 16 year old daughter was given a ticket for passing a school bus with red lights on 22454(p)vc. She did not see a bus on that day, however since then she has seen a bus near the location where her ticket was issued. Can we fight the ticket based on the fact that the bus stop is on the opposite side of a 4 lane road? The fine is $734.75 this includes the court fees for traffic school option. How can we get the fine reduced and still qulify for traffic school?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California
my 16 year old daughter was given a ticket for passing a school bus with red lights on 22454(p)vc. She did not see a bus on that day, however since then she has seen a bus near the location where her ticket was issued. Can we fight the ticket based on the fact that the bus stop is on the opposite side of a 4 lane road? The fine is $734.75 this includes the court fees for traffic school option. How can we get the fine reduced and still qulify for traffic school?What is the name of your state (only U.S. law)?
No, WE cannot fight the ticket. Furthermore, you have no knowledge of the actual events.
 

Antigone*

Senior Member
No, WE cannot fight the ticket. Furthermore, you have no knowledge of the actual events.
Actually Zig, with this one WE have to go to court together. The other half of the WE is a minor.

I suggest that the other half of this WE start saving her pennies. This one is going to cost her... big time.
 

FlyingRon

Senior Member
You'll need to know where the bus was that she was alleged to have passed.
If this is a road with two or more lanes in each direction and the bus was stopped on the far side of the road, she indeed is not guilty.
 

cyjeff

Senior Member
The problem, of course, is that the driver has no idea whatsoever where the bus was that she passed with the lights on.

This will NOT play out well in court.....judges dislike drivers that don't know when they are passing a school bus with the lights on.

Now, having said that, does the ticket describe the car accurately? has she (or you) gone to the sight of the ticket and waited?

I am trying to tell you that you need to make SURE that the bus wasn't on her side of the road and/or in a two lane stretch.
 

Torya

Junior Member
What is the name of your state (only U.S. law)? California
my 16 year old daughter was given a ticket for passing a school bus with red lights on 22454(p)vc. She did not see a bus on that day, however since then she has seen a bus near the location where her ticket was issued. Can we fight the ticket based on the fact that the bus stop is on the opposite side of a 4 lane road? The fine is $734.75 this includes the court fees for traffic school option. How can we get the fine reduced and still qulify for traffic school?
What is the name of your state (only U.S. law)?
CA
Yes i have been at the sit of the described location and time on the ticket several times since and have not seen a bus yet. I have also called the school distirct and county transportation for students and they cant tell me that there is a bus stop in that location. understand that this is approx within 1/2 mile of a high school, elementary, intermediate, adult,and pre school the only reason a bus would pick up anyone is for special education.
my daughter however has seen one since and yes she did stop for it even though it was across a 4 lane road and all of the traffic went arountd her honking and jestering. The fines that are listed in the vehicle code pentalies say that the first offense should not exceed $250. why is the amount so high?[/
 

I_Got_Banned

Senior Member
The fines that are listed in the vehicle code pentalies say that the first offense should not exceed $250. why is the amount so high?[/
$150 to $250 listed in 22454.5 is the BASE fine... Add in "penalties and assessments" and the traffic school fee and you'll come close to the $734.XX
 

CdwJava

Senior Member
CVC 22454(a) should have a fine and fee total of around $635. But, with a fine at higher than $150, the $734 amount is in that ball park.

Here is the section:


22454. (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or unloading
any schoolchildren and displays a flashing red light signal and stop
signal arm, as defined in paragraph (4) of subdivision (b) of
Section 25257, if equipped with a stop signal arm, visible from front
or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.​
The exception is included in subsection (b):
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.​
So, if your daughter can show that she encountered the bus at such an area, then she should be able to prevail at trial.

Understand that the first hearing will be arraignment (assuming she has been cited into traffic court and not a special juvenile court). She will simply make a plea and schedule a court date at the initial hearing.
 

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