PASSING A SCHOOLBUS in VA

[ibeetb]

What is the name of your state? Virginia
This morning, I was making a left out of my community to go SOUTH and there was a school bus approaching, going NORTH. There was a BIG MOUND of dirt on my left as I live in a site under construction and I had to really get out there to see southbound traffic. Well the school bus was APPROACHING not yet STOPPED to pick up a kid on my left at the intersection. Because of the dirt mound, I did not totally see the red lights flashing so I went out into traffic to take my left. A cop stopped me and another car who had already been going north. HE could clearly see the bus, I could not. I got cited for VA code 46.2-859 which states:
Passing a STOPPED school bus. The bus was NOT stopped. It was approaching, still moving. NOT STOPPED. I have an excellent driving record. +5 points, never received a moving violation in VA. I am taking an attorney with me to court.
What are my chances to having it dismissed? If not dismissed, will they let me pay but no points? I would really like the dismissal. It is an extra thousand bucks in Virginia.
Plus I want to keep my clean driving record

 

[seniorjudge]

Q: What are my chances to having it dismissed?

A: About 50-50, more or less. (Same as anything else happening in the universe.)





VA Code § 46.2-859. Passing a stopped school bus; prima facie evidence

A person is guilty of reckless driving in Virginia who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in§ 46.2- 1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in§ 46.2-1090 is prima facie evidence that the vehicle is a school bus.

 

[Hey There]

Information to get

ibeetb
10-25-07
The lawyer you are going to court with ideally will discuss how he is going to present your case, if pictures should be taken and what your options are.
At your local library they should have,or be able to obtain for you, a book on Fighting Traffic Tickets PUBLISHED by NOLO. In Chapter 4, Pages 2 thru 6 and Chapter11, page 19, there is information on what to exspect from your lawyer. You can always fire your lawyer if you think your case isn't being handled correctly.
According to General District Court Rules you can appeal for a new trial before a jury if the judge doesn't dismiss your case.


Good Luck on This,
Hey There.

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