School stop arm violation

[theblondeone]

I got a citation for running a stop arm on a school bus. The driver’s report has my license number, make, and identifies me as an adult female. However, everything else on the report form is either improbable or impossible. The roadways listed don‘t exist except as a school campus. If you switch the avenue and street you get a different school campus where the vehicle directions would be incorrect. I have a strict work schedule so even on break, I couldn’t physically be near either location at the time listed. Also, my car is not the color listed. I believe the bus driver saw my car later and mistakenly assumed it was the one that actually committed the infraction. I may be blonde, but I don't think I should have to pay for something I don't recall doing at a time and place where I couldn't even be doing it. Please advise!What is the name of your state (ND)What is the name of your state (only U.S. law)?

 

[Jim_bo]

I got a citation for running a stop arm on a school bus. The driver’s report has my license number, make, and identifies me as an adult female. However, everything else on the report form is either improbable or impossible. The roadways listed don‘t exist except as a school campus. If you switch the avenue and street you get a different school campus where the vehicle directions would be incorrect. I have a strict work schedule so even on break, I couldn’t physically be near either location at the time listed. Also, my car is not the color listed. I believe the bus driver saw my car later and mistakenly assumed it was the one that actually committed the infraction. I may be blonde, but I don't think I should have to pay for something I don't recall doing at a time and place where I couldn't even be doing it. Please advise!What is the name of your state (ND)What is the name of your state (only U.S. law)?

What kind of advice are you looking for?? Should you defend yourself in court against a violation you did not commit? Of course!! What else would you like to know?

 

[theblondeone]

Do I have sufficient grounds for a motion to dismiss? How critical is a viable time and location? Does the incorrect vehicle color matter? Is there burden of proof beyond my license number and the bus driver's word? At what point is there reasonable doubt? Thank You!

 

[Jim_bo]

You do know that we don't live in communist China, right? You are saying that some lady acuses you of something that you know you didn't do and you are worried about you having sufficient grounds to dismiss?? In our country, the burden of proof lies with the prosecution... not the defendant. The burden will be on the prosecutor to proove his case. He will also have to provide witnesses (which means the bus driver will have to appear to testify against you). Do you think the driver will even show up? If so, you have the right to cross examine her. She doesn't know which road she was on nor does she know what color your car was. If she were credible, these are two things she would have written down as soon as the incident occurred. Plus, your statement of you job and schedule just adds more reasonable doubt.

Don't question your innocence. Just go into court and expect that the truth come out. Don't be intimidated by the judge, the cops or the witness. Question her diligently. Make sure you protect your rights.... or no one else will.

 

[Zigner]

Do I have sufficient grounds for a motion to dismiss? How critical is a viable time and location? Does the incorrect vehicle color matter? Is there burden of proof beyond my license number and the bus driver's word? At what point is there reasonable doubt? Thank You!

Let's cut to the chase here: Did you, in fact, commit the violation you were cited for?

 

[Jim_bo]

I believe the bus driver saw my car later and mistakenly assumed it was the one that actually committed the infraction. I may be blonde, but I don't think I should have to pay for something I don't recall doing at a time and place where I couldn't even be doing it.

I think she was pretty clear. However, if she did or not is irrelevant to this site as the intent is for people to come here looking for advice on a defense. The purpose of this site is NOT to have "Zigner court" and have you pass judgement and tell people how guilty they are.

 

[Zigner]

I think she was pretty clear. However, if she did or not is irrelevant to this site as the intent is for people to come here looking for advice on a defense. The purpose of this site is NOT to have "Zigner court" and have you pass judgement and tell people how guilty they are.

If the OP did, indeed, commit the infraction, it is most certainly relevant.

 

[Jim_bo]

If the OP did, indeed, commit the infraction, it is most certainly relevant.

...and no matter how much bitterness you spew, this is still a free nation where every defendant enjoys the presumption of innocence and the state has the burden of prosecution. You would have made a much better communist than an American.

 

[Jim_bo]

I am saying what I have always said: EVERY defendant is entitled to a zealous defense and the purpose of this site is NOT to determine a person's guilt, rather it is to assist them with a possible defense.

So, the obvious question for you is: you aren't SERIOUSLY saying the only people who deserve a defense are those who did not commit an offense, are you??


P.S. The OP stated in her original post and I restated above her declaration of innocence.

 

[Zigner]

I am saying what I have always said: EVERY defendant is entitled to a zealous defense and the purpose of this site is NOT to determine a person's guilt, rather it is to assist them with a possible defense.

So, the obvious question for you is: you aren't SERIOUSLY saying the only people who deserve a defense are those who did not commit an offense, are you??


P.S. The OP stated in her original post and I restated above her declaration of innocence.

I am asking my question again. The OP posted a vague denial, but has not actually said she did not commit the offense she is charged with.

 

[You Are Guilty]

I am saying what I have always said: EVERY defendant is entitled to a zealous defense and the purpose of this site is NOT to determine a person's guilt, rather it is to assist them with a possible defense.

So, the obvious question for you is: you aren't SERIOUSLY saying the only people who deserve a defense are those who did not commit an offense, are you??

Even you, Champion of the Downtrodden Speeders, have to admit that knowing whether someone actually committed the charged offense is relevant and pertinent to formulating a defense strategy. For example, if Person X says "Yeah, I was speeding", we are not going to tell him to go tell the judge "I was doing the speed limit". That sort of thing is known as perjury and carries a worse penalty than any speeding ticket.

Of course, there are other reasons, but if you can't even recognize why this particular question is being asked, I doubt you'd understand them.

 

[Jim_bo]

I am asking my question again. The OP posted a vague denial, but has not actually said she did not commit the offense she is charged with.

Maybe her denial wasn't clear to "Mr. Guilty", but it seemed pretty clear to me.

And for the record, I am NOT the champion of the downtrodden speeders... I am the critic of the lax and irresponsible police/courts.

 

[Zigner]

Maybe her denial wasn't clear to "Mr. Guilty", but it seemed pretty clear to me.

And for the record, I am NOT the champion of the downtrodden speeders... I am the critic of the lax and irresponsible police/courts.

Sooo, if somebody is guilty, they should accept responsibility, right?

 

[Jim_bo]

Sooo, if somebody is guilty, they should accept responsibility, right?

If someone is convicted, they should accept responsibility. However, the State has the PRIMARY responsibility of ensuring it is enforcing its laws in a LEGAL MANNER!!! So, if the State conducts a legal, moral and ethical prosecution and obtains a conviction, then absolutely a person should accept responsibility.

A greater harm is done to our society when the State tramples a citizen's rights and engages in illegal activity itself than if a speeder goes unpunished. For you not to see that is not hypocrisy, it is irresponsibility.

 

[Zigner]

If someone is convicted, they should accept responsibility. However, the State has the PRIMARY responsibility of ensuring it is enforcing its laws in a LEGAL MANNER!!! So, if the State conducts a legal, moral and ethical prosecution and obtains a conviction, then absolutely a person should accept responsibility.

A greater harm is done to our society when the State tramples a citizen's rights and engages in illegal activity itself than if a speeder goes unpunished. For you not to see that is not hypocrisy, it is irresponsibility.

This is OPINION. You are entitled to that and I respect that. I don't expect or want your "respect" in return, since I don't feel your respect is worth two shiny pennies.

I feel a great harm is done to society when one advocates that another should be allowed to break the law and then work to avoid taking responsibility for their admittedly illegal activities. In my OPINION, it is attitudes such as yours that would prefer lawbreakers be set free because the judge signed line 3 and initialed line 4 on a warrant, when line 3 should have been initialed and line 4 signed.