Cited for passing a bus with stop sign Code: 22454

[mienhmario]

What is the name of your state (only U.S. law)? California


I received a ticket violation and in need of your advices. I received the citation for passing a school bus with the stop sign(code:22454). I think it was red before, but it wasnt flashing when i passed it. I dont know what to do. It dont seem fair to me at all. It was a two way street. That time, the school had just barely got out. There were alot of cars. I saw the bus about a block away. On the other side of the road, their was traffic up to the bus. I didnt notice the stop sign because we were bumper to bumper with the car in front of me. I couldnt see the stop sign. I didnt know the bus was unloading or loading because it stopped in front of traffic. I thought it was still a moving bus waiting for the red light. I passed the bus about half way and then i noticed the red stop sign. The police didnt pulled me after 3-4 cars had passed the bus. Please give me your advices on what i should do. This is my first violation or citation.

 

[occharge]

First you said:

I received the citation for passing a school bus with the stop sign(code:22454). I think it was red before, but it wasnt flashing when i passed it.

. . . Suggesting that you SAW the stop sign, you though it was red, but it wasn't flashing....
Then you said:

I didnt notice the stop sign because we were bumper to bumper with the car in front of me. I couldnt see the stop sign.

. . . Suggesting you did NOT see the stop sign. . .
Then you said:
.

I passed the bus about half way and then i noticed the red stop sign.

. . . Suggesting you noticed it halfway through!

It dont seem fair to me at all.

It don't?
Would it seem more fair if you hit an innocent kid crossing the street from behind the bus?
Probably not!

It was a two way street. That time, 1 the school had just barely got out. 2 There were alot of cars. 3 I saw the bus about a block away. 4 On the other side of the road, their was traffic up to the bus.I didnt know the bus was unloading or loading

I added those numbers in to highlight how many indications you had telling you that the kids are out of school for the day and are in the process of or will soon begin boarding the buses which is sort of contradictory to your last sentence there.

because it stopped in front of traffic.

No, "it" didn't stop in front of traffic! My guess is traffic stopped behind it because the stop sign was OUT with red lights flashing.

The police didnt pulled me after 3-4 cars had passed the bus.

So he/she picked you out of a crowd of cars that did the same thing!

That would be unfair but the police in the normal course of doing their job, would not single you out like that!

So what should you do? You have to decide whether you did in fact pass the school bus while the stop sign was extended with flashing red lights... And if that's the case, you should -in my opinion- plead guilty, pay the fine. If this is your only violation in the past 18 months -and you stated it us your first ever- then you do qualify for Traffic School. It will cost you an additional $39 or so in court fees, as well as whatever you would have to pay the traffic school for the course fee.

Good luck

 

[Hey There]

Options

Here's the code 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.
(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.

A CA. driver cited for a traffic violation has several options.
!. Discovery
This means that a driver cited for a traffic violation
is entitled to a copy of the officer's notes,
usually written on the back of the ticket,
a copy of the video if one was made
and a copy of the front and back of the ticket.
A form can be downloaded from Help! I Got A Ticket!
The driver fills out the form, (modifies one of the forms to send to the citing officer)
and makes copies which he has a FRIEND mail
certified, return receipt, one to the D.A. and one to the citing officer.
The friend gives the driver a proof of service which the driver keeps for his records.
If Discovery is provided and the video is of reasonably good quality,
then the driver, if he is unsure whether or not a violation has occurred, can have a better idea if it has.
If Discovery isn't provided, then the driver must petition the court to demand that Discovery be provided, preclude the officer's tetimony or dismiss the case.
2.There is also Trial by Declaration which is a written statement on why the case should be dismissed. A form explaining how to fill out the driver's statement and a form to file ,can be downloaded by typing in Trial by Declaration in the Google search window and clicking on a website with the same title.
3. A driver also has the choice to have his day in court.
The driver is saying that it must be proved in a court of law
that he committed a violation or his case must be dismissed.
4.As occharge has posted the driver can pay the fine and opt for
traffic school if convinced that the violation he was cited for is correct.
The driver needs to read the vehicle code carefully to see if the vehicle code applies to his situation.
The CA. Driver's Handbook has a section on school buses .
5. A driver can always ask for a continuance BEFORE arraignment
if he needs more time, by calling the court.

A courtesy notice, if sent by the court
should state the bail amount, and
the amount if traffic school is selected.

Best Regards,
Hey There