Reckless Driving Frederick County, VA (Passing a stopped school bus) (Winchester: 2014, lawyer)

[rimbaud76]

***Please see the attached map for visualization of my description of the incident***

On Wednesday afternoon, I was taking my son home from school and inadvertently passed a stopped school bus. I could see the bus ( stopped approximately where the word SCHOOL is on the map), but did not see the flashing lights, nor did I see the stop sign arm was extended as there were 2 vehicles behind it. I merged into the turn lane and continued in that lane when I heard someone beep their horn. At first, I wasn't sure what was going on, but then I noticed the extended stop sign arm and realized what a terrible mistake that I had made. I slowed my vehicle and stopped approximately where the turn arrow is. At no time were any children in danger and I waited until the bus passed me before turning into my development. No officer witnessed the incident, but the driver of the bus called in my tag number and within 30 minutes, an officer was at my door. I was very polite, apologetic, and answered his questions as very best that I could in my panicked state. I was issued a Uniform Summons for reckless driving - passing a stopped school bus (46.2-859) and given a court date of September 25. I have never been convicted of reckless driving before and currently only have a speeding ticket from 2011 on my driving record and 2 safe points. Am I going to be ok or do I have something to worry about? I'm extremely scared.

https://www.google.com/maps/place/23...2bd718!6m1!1e1

[Grsz11]

Ouch, if you would have turned I bet they wouldn't have gotten your plate.

[rimbaud76]

My conscience would never allow it. That would have seemed like fleeing the scene of an accident to me.

[Panu16]

Originally Posted by rimbaud76

***Please see the attached map for visualization of my description of the incident***

On Wednesday afternoon, I was taking my son home from school and inadvertently passed a stopped school bus. I could see the bus ( stopped approximately where the word SCHOOL is on the map), but did not see the flashing lights, nor did I see the stop sign arm was extended as there were 2 vehicles behind it. I merged into the turn lane and continued in that lane when I heard someone beep their horn. At first, I wasn't sure what was going on, but then I noticed the extended stop sign arm and realized what a terrible mistake that I had made. I slowed my vehicle and stopped approximately where the turn arrow is. At no time were any children in danger and I waited until the bus passed me before turning into my development. No officer witnessed the incident, but the driver of the bus called in my tag number and within 30 minutes, an officer was at my door. I was very polite, apologetic, and answered his questions as very best that I could in my panicked state. I was issued a Uniform Summons for reckless driving - passing a stopped school bus (46.2-859) and given a court date of September 25. I have never been convicted of reckless driving before and currently only have a speeding ticket from 2011 on my driving record and 2 safe points. Am I going to be ok or do I have something to worry about? I'm extremely scared.

https://www.google.com/maps/place/23...2bd718!6m1!1e1

Hire a traffic lawyer. The lawyer should be able to get a plea bargain for you to reduce the charge to a non-misdemeanor charge.

[ffx rez]

I don't see what the turn lane or 2 vehicles behind it have to do with anything. If that had been simply two lanes going in the same direction instead of one straight one turn, it would still be illegal and you had more than enough opportunity to see the bus and the stop arm as you came up on its left. I definitely wouldn't use any of those excuses before a judge.

[rimbaud76]

I definitely wasn't trying to argue that what I did wasn't wrong, I was simply stating a summary of the incident as it happened and looking for a little peace of mind from others who might have been in the same situation.

[boyd888]

Since no officer actually witnessed you do it the charges probably would have been dropped had you not admitted to doing it in front of the officer. The bus driver would have to show up to court and if he didn't show (very likely) the charges would get dismissed.

However, a lawyer could probably still get this dropped to a non reckless charge pretty easily as he would still want the bus driver to show up. I doubt the prosecutor would want to subpeona the bus driver for a simple reckless charge if a guilty plea to a lesser charge were offered.

[car54]

Originally Posted by boyd888

Since no officer actually witnessed you do it the charges probably would have been dropped had you not admitted to doing it in front of the officer. The bus driver would have to show up to court and if he didn't show (very likely) the charges would get dismissed....

I would say that it is very likely that the bus driver WILL show up in court to testify. I drive a school bus and we are briefed on what's involved in obtaining a conviction. Therefore, it would be pointless to file a report if one had no intention of showing up in court. Most drivers do not bother reporting violators....there's just too many crazies ripping by buses. It has gotten so bad that many bus routes have to be convoluted so as to avoid having kids cross the street to get on or off the bus. This involves making two trips up and down the same street so the kids don't have to cross. This wastes time and fuel but it's just too dangerous to do otherwise.

I personally don't report bus passers....I concentrate on holding the kids until the idiot goes by. Trying to get a tag would distract me too much from seeing where each kid is and making sure they don't step into harm's way. Incidentally, the horn blowing might have been the driver's signal to the kids out front to GET BACK! The first thing I teach my kids every year is what to do if I blow the horn.

There was this one guy though....he passed my bus in almost the same spot just about every morning. And he would give me his middle finger as he went by. I didn't like that much, so I arranged for a police motorcycle to ride my rear bumper one morning. End of problem with the finger man.

[LynchburgLover]

Originally Posted by car54

I would say that it is very likely that the bus driver WILL show up in court to testify. I drive a school bus and we are briefed on what's involved in obtaining a conviction. Therefore, it would be pointless to file a report if one had no intention of showing up in court. Most drivers do not bother reporting violators....there's just too many crazies ripping by buses. It has gotten so bad that many bus routes have to be convoluted so as to avoid having kids cross the street to get on or off the bus. This involves making two trips up and down the same street so the kids don't have to cross. This wastes time and fuel but it's just too dangerous to do otherwise.

I personally don't report bus passers....I concentrate on holding the kids until the idiot goes by. Trying to get a tag would distract me too much from seeing where each kid is and making sure they don't step into harm's way. Incidentally, the horn blowing might have been the driver's signal to the kids out front to GET BACK! The first thing I teach my kids every year is what to do if I blow the horn.

There was this one guy though....he passed my bus in almost the same spot just about every morning. And he would give me his middle finger as he went by. I didn't like that much, so I arranged for a police motorcycle to ride my rear bumper one morning. End of problem with the finger man.

[lee_in_beechtree]

Originally Posted by rimbaud76

On Wednesday afternoon, I was taking my son home from school and inadvertently passed a stopped school bus. I could see the bus ( stopped approximately where the word SCHOOL is on the map), but did not see the flashing lights, nor did I see the stop sign arm was extended as there were 2 vehicles behind it.

Is it possible that you were in a low-lying car, and there were some big-a$$ SUVs or trucks blocking your view of the lights and the stop sign arm?

Is it possible that the lights were not on while you were in the turn lane or until after you stopped?

No officer witnessed the incident, but the driver of the bus called in my tag number and within 30 minutes, an officer was at my door. I was very polite, apologetic, and answered his questions as very best that I could in my panicked state. I was issued a Uniform Summons for reckless driving - passing a stopped school bus (46.2-859) and given a court date of September 25. I have never been convicted of reckless driving before and currently only have a speeding ticket from 2011 on my driving record and 2 safe points. Am I going to be ok or do I have something to worry about? I'm extremely scared.

First, this is one of those curve balls that life throws at you, and you will be OK. Take a deep breath. You won't go to jail with your driving record, and this experience will just cost you some money and make you a more observant driver.

As has been suggested - and even though I hate having to recommend it as well - you had better hire a shyster lawyer.

These two lawyer ads indicate that the cop could have given you a ticket for 46.2-844 instead, which would have resulted in a simple traffic infraction, but, evidently, he had no compassion for someone with a clean driving record (what a surprise!).

Virginia laws on passing school buses

Reckless Driving for Passing a School Bus - Reckless Driving and Traffic Defense Attorney

What I would do as soon as you can is write down everything you discussed with the cop. Include all of his questions and your answers, in as much detail as you can. Your lawyer will review your notes to see if there is anything he can use against the bus driver. The cop cannot testify against what you did, but he can do so against what you said.

As soon as his interview with you was over, you can bet that the cop wrote down notes on what he discussed with you, and these would be the basis for his testimony if he did see you in court. I can't say for sure what the bus driver did, but he/she would not be considered an expert witness and I doubt would have taken down any notes.

I guess this one of those cases where honesty was not the best policy, and you might have been better off not answering the door when the cop showed up. That way, he would have been forced to issue you only a 46.2-844 infraction.