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So, I have a court date in a few days in regards to a charge I received in February for passing a stopped school bus. I have continued the case twice already in the hopes that I could afford to pay an attorney to represent me; unfortunately I keep running out of funds and am left with few choices in the matter...represent myself, go in today to request a court appointed (though I believe I waived my right at the first continuance), or put my rental situation in jeopardy with a lawyer fee I can't really afford.
Here are the ticket details:
I was running late to work, driving down Charlotte Street towards the Grove Park Inn at a little after 4 o'clock in the afternoon. The sky was spottily clear with little snow flurries dropping(the way they did in February a few times this year). As I approached the intersection of Charlotte Street and E Chestnut (where Fuddruckers is), I noticed a long line of cars stopped in the left lane and assumed they were turning left. Naturally, I got into the clear right lane to pass and, hopefully, get to work on time. A few moments later, blue lights were flashing behind me and I was pulled over about a block from the intersection. At this point, I thought I must have momentarily popped over the speed limit and was surprised to learn that the officer had pulled me over for passing a stopped school bus. He said he had been "lying in wait" because the bus driver had complained of being passed regularly in that spot. I didn't complain or ask questions (though I should have at least asked where the school bus had been when I passed it, because I honestly had not seen it...since the incident, I have only come across a school bus on that road one time--completely empty, i might add), he wrote me a ticket and that was that.
How should I proceed? I understand how serious this offense is and I understand the danger of negligence in this matter and I'm so very grateful that nothing worse happened--I never would have forgiven myself--but I wonder if this is a problem with where the bus stop is located. According to the officer, there have been repeat incidents of this happening near that intersection, and I quite literally had no sight lines to the opposite side of the street from behind all the cars turning left on chestnut (it's very regular for that lane to get clogged.
Additionally, my ticket states that the sky was clear, but it was definitely flurrying. Not that this matters all that much.
No one on this board can give legal advice - it's against the TOS. If you have questions we suggest you consult an attorney.
However, on a personal note - you passed a stopped school bus, period. You pay the fine and take the points. Period. Take responsibility for your actions. And, why would a bus with school kids stop in the center of a 4 lane road? I've never ever seen that done. This does not make any sense to me.
I understand that the officer has charged me with passing a school bus. I would like to contest it because I have never once seen a school bus stopped on that road and because I honestly did not see a school bus that day. If it's happening enough in that spot that the bus driver has to call to have an officer wait for it to happen (entrapment), perhaps that is the wrong spot to have a school bus stop.
I would not be contesting this if I felt it was fair and just, but it was not negligence on my part and the penalties are ridiculous, with a minimum fine of $500, not to mention the points on your license and your insurance.
And, why would a bus with school kids stop in the center of a 4 lane road? I've never ever seen that done. This does not make any sense to me.
I've seen them do it on Merrimon Avenue except they didn't stop in the middle, they stopped in the far right lane expecting all three other lanes to realize what was going on. Worse yet, it was a blue city bus being used as a school bus. Only the banner at the top identified it as a school bus. This was about 20 years ago. My husband didn't believe me but he almost passed the exact same bus about a month later. Luckily I recognized it and stopped him.
Pay the fine and take the points. It stinks but the city really doesn't care what your excuse was in this case.
I just don't think it's right for the city to do that. They should exercise critical thinking in placing their stops, and to just bend and let them take more than I pay for rent in one month in fees while my insurance premiums go up astronomically, all on account of poor planning seems weak to me.
You are assuming the city, the Board of Education, or any authority for that matter, is concerned with what is right or what you or I think is right. Trust me, they are not. You are dealing with bureaucracies.....critical thinking or even reasonable thinking does not apply. In fact, everything is subject to a procedure that penalizes thinking of almost any sort.
Look at it this way: there are places that put traffic cameras up everywhere (Montgomery County, MD is one) to monitor red lights, speed, etc. Do you think they do that for public safety, or do you think they do that for the revenue opportunity shrouded in veil of public safety?
The bar of what you would have to demonstrate to the court is pretty high. Even if you can demonstrate that no reasonable and prudent person could have known the traffic was stopped was because of a school bus, the city is going to say a reasonable person would expect school buses on the road that time of day and exercise a higher level of caution.
And not for nothing, but posting that you were running late for work and trying to get to work on time on the internet probably does not help the cause. More than once such things have come back to haunt people.
Imo, your only hope, (doing self-representation), is to hope the cop that wrote the tix doesn't show up, and/or throw yourself on the court with a very concise, very self effacing statement...emphasis on statement, as in about 10% of the length of your descriptive post.
My guess is, the cop shows, and the judge does not care. If the cop shows it is their 'sworn' statement vis a vis the written citation vs you. You will have slim to no chance and Slim is on the bus.
It is all about the revenue, even if you literally weren't 'there' that day.
GL, mD
Seriously, the judge doesn't care what the excuse is. You will have two options: more money and less points or more points and less money. Take your pick
I believe his auto insurance will also go up for 3 years.
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