Re: Passing A School Bus Ticket In Pennsylvania
I go along with Chucky. Here's what the PA Vehicle Code states:
IMHO, the key here will be the school bus driver's ability to identify YOU as the driver of the vehicle. It's not enough that the driver can identify your car, even if he/she adds some vague description of the driver.
Quoting PA Vehicle Code, Chapter 33, Subchapter D, § 3345
It's one thing when an officer pulls you over and copies your information from your license, but it's entirely another thing for a bus driver (not a trained observer) to affirmatively identify ANY individual driving a car. How many seconds did they have? So, unless the driver is personally acquainted with you, it seems highly unlikely they'd be able to prove "beyond a reasonable doubt" that you were the person driving.
Using whatever PA has for "discovery", you need to get a copy of the bus driver's report. That will tell you what the evidence is against you. Make sure it contains ALL the information required by the law. Also, note the 48 hour rule. Try to figure out if it was "delivered" to a "police officer having authority" within the 48 hour time limit. This is also something you can ask the prosecutor prove. If he/she cannot, move for dismissal.
I did a quick search (not exhaustive, however) and couldn't find anything that states that the owner of a vehicle is "presumed" to be the driver -- for the purposes of a traffic infraction.
So, I think you've got a reasonable defense. If it were me, I'd fight it.
Where am I going? And why am I in this handbasket?