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06-09-2007, 10:00 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| | | School Bus issue
What is the name of your state? Ohio
Recently, the bus was in front of our home, dropping my daughter off. My son, directly behind the bus, pulled into the grass lane that runs between my and my neighbors property. He then drove across my front yard to the front of the garage and parked. Needless to say, the bus driver was screaming out the window at him about "passing the bus". I thought nothing of it,(other than wanting to beat him for driving in the yard!) until later that evening, we were away at the daughters softball game, and my son called and said he had just got out of the state patrol cruiser, that two officers had come to the house, put him in the cruiser, then proceeded to chew him out, and issue him a citation for passing the bus. First, I didn't think they could do that to a 16 yr. old without a parent or guardian present,(taking him from the house to the cruiser) and second, he left the public roadway onto private property. He was 25ft. from the bus when he left the road, and from the tire tracks in the yard, he was never closer than 37 ft. to the roadway while "passing the bus" I'm planning on having him plead "not guilty", as he broke no law.
Suggestions ?  |
06-09-2007, 10:16 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 36,806
| | Quote:
Originally Posted by Phyllis68  I'm planning on having him plead "not guilty", as he broke no law. | Go ahead and have him plead whatever you want. From your post, it is likely (in my opinion) that it won't work.
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06-09-2007, 10:18 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| | Quote:
Originally Posted by JETX From your post, it is likely (in my opinion) that it won't work. |
The charge won't work, or the evidence (photos, witnesses, etc.) won't work ? |
06-09-2007, 11:20 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 5,601
| | | Mom, Mom, Mom.... I'm smh right now. I just can't believe it.
You can have him plead not guilty until the cows come home. Your son passed the bus and he's not supposed to do that. In the state of CA that will cost you some $600. Let me ask you this, what if your daughter would have darted out of the bus and your idiot of a son who couldn't wait another 2 minutes to wait for her to deboard properly hit her because he didn't see her. Your problems would have been bigger than a bed of begonias. If your biggest problem with this is that he drove on the grass something is wrong with one of us and I'm almost POSITIVE that it's not me. Your son drove recklessly to say the least and really deserves to lose his license as he is clearly not mature enough to deal with the responsibility of driving.
As for the police taking your son into the cruiser. Perfectly legal. Let's say....this happened at a friend's house instead of in front of your own. You expect them to call his mommy first before they decided to apprehend him? You ought to be glad they didn't take him in that nice little cruiser to the local jail. It may have taught him a lesson because from your post, it looks like he may not learn one at all.
Yet another parent trying to shield their child from their stupid mistakes.
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CC's rule of life #1.1:
Want better for your children than you have for yourself. Don't commit your kids to someone for a lifetime that you don't want to commit YOURSELF to for the next 15 minutes.
In other words... if he/she is not suitable to be the potential parent to your children, don't sleep with them. Exercise some self control over your hormones. |
06-11-2007, 09:56 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| |
Quote:
Originally Posted by CourtClerk Mom, Mom, Mom.... I'm smh right now. I just can't believe it.
....yada yada yada.....
Yet another parent trying to shield their child from their stupid mistakes. | Yowza ! Looks like someone got up on the wrong side of the bed !!!
...and....
I'm in no way, shape or form trying to shield my child (just ask him)...he'll be paying for his own attorney if it comes to that tyvm. I was simply asking for "advice", that's what the forums are for, not a dissertation on how the kid did "wrong" in your eyes.
Simply read the O.R.C. on the school bus passing issue, and see what you think. Just a response on the issue at hand, not a "jump down my throat" would be a nice start.
Oh...and the issue is in Ohio, not Cali. |
06-11-2007, 09:58 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| | Quote:
Originally Posted by Curt581 Around here, they're referred to as "NMKs"
"Not MY Kid" | LMAO! It very well could be my kid....I know his genetics.....lol  |
06-11-2007, 11:30 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 36,806
| | Quote:
Originally Posted by Phyllis68 Simply read the O.R.C. on the school bus passing issue, and see what you think. | Ohio Revised Code: 4511.75 Stopping for stopped school bus.
(A) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.
(F)(1) Whoever violates division (A) of this section may be fined an amount not to exceed five hundred dollars. A person who is issued a citation for a violation of division (A) of this section is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
(2) In addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the registrar of motor vehicles, together with notice of the court’s action.
Seems pretty clear to me. There is NOTHING in the statute to suggest that he could 'pass' a stopped bus on the right... even if he left the roadway to do it.
Guilty!!
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!! |
06-12-2007, 12:26 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 5,601
| | Quote: |
Simply read the O.R.C. on the school bus passing issue, and see what you think.
| OK I read it. Now what? Doesn't change my position at all. Quote: |
I'm in no way, shape or form trying to shield my child
| And having him plead not guilty when he is so obviously guilty as sin is called what in Ohio? Quote: |
Oh...and the issue is in Ohio, not Cali.
| I simply stated what the fine could be in Cali, never at all assumed that the violation occured here. I CAN read. That degree served me well...  Quote: |
not a dissertation on how the kid did "wrong" in your eyes.
| Actually, my dissertation is going to be great. I'll send you a copy. Also, the kid is wrong not only in my eyes, but the eyes of Ohio state law also. Just read that law you just suggested I read...
__________________
CC's rule of life #1.1:
Want better for your children than you have for yourself. Don't commit your kids to someone for a lifetime that you don't want to commit YOURSELF to for the next 15 minutes.
In other words... if he/she is not suitable to be the potential parent to your children, don't sleep with them. Exercise some self control over your hormones. |
06-12-2007, 04:22 PM
| | Member | | Join Date: Jun 2005 Location: Germany
Posts: 502
| | | Playing devil's advocate here...
The OP's son turned off the road 25 ft before he reached the bus. The ORC states he has to stop at least 10 feet from the front or rear of the bus.
Did he actually pass the bus, or does it count as turning prior to reaching the bus? Only the Court can decide...
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"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy
I do not help deserters...
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06-12-2007, 05:41 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| | Quote:
Originally Posted by DRTDEVL Playing devil's advocate here...
The OP's son turned off the road 25 ft before he reached the bus. The ORC states he has to stop at least 10 feet from the front or rear of the bus.
Did he actually pass the bus, or does it count as turning prior to reaching the bus? Only the Court can decide... |
Thank you. My point exactly. After talking to an attorney, he said plead not guilty, and take it up with the prosecutor. He left the public roadway 25 ft. from the bus, and drove in the yard. He said it would be no different than having a circle driveway, and pulling off the road behind the bus and parking that way. Time will tell. Next Friday we see the prosecutor, I'll let you know how it comes out Heh....either way...it's his license, and his money |
06-12-2007, 05:49 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| | Quote:
Originally Posted by JETX Seems pretty clear to me. There is NOTHING in the statute to suggest that he could 'pass' a stopped bus on the right... even if he left the roadway to do it.
Guilty!! |
There again, the statute doesn't take into consideration that the vehicle "passing" was on private property either. Am I not allowed to run my lawnmower back and forth while the bus is stopped there ? If you can get a DUI on a mower, I would assume you can't pass a bus with it either. 
Had I been in the same situation, I would have very readily "passed" the bus in the exact same manner and thought not a thing about it either ! It's my yard....I can drive in it....lol |
06-12-2007, 05:59 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,680
| | | So, if the bus stops in front of school to let the kiddies off, you can pass the bus as long as you do so on private property? Umm... No. Just like you can't cut across private property at a red light. |
06-12-2007, 09:11 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 7
| | Quote:
Originally Posted by Ozark_Sophist So, if the bus stops in front of school to let the kiddies off, you can pass the bus as long as you do so on private property? Umm... No. Just like you can't cut across private property at a red light. |
There again....the bus was not passed...he pulled to the garage and parked. Absolutely...if anyone would leave the roadway, pass under any circumstance, then re-enter the road, then yes....busted ! | |
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