Cited for Passing a School Bus When Its Lights Were Not Flashing
My question involves a traffic ticket from the state of: New Hampshire
I was cited for not stopping for a school bus. The bus in question was stopped at a traffic light in the left lane at a busy intersection (behind the officer's unmarked squad car who was first in line in the left lane at the signal light). The bus did not have its flashing yellow or red lights engaged nor its mechanical stop sign deployed, and there were no students disembarking. Also, I was following a line of traffic on the opposite side of the road -- no one else stopped and proceeded through the green light. After returning home with the citation, I looked up the Nashua school bus schedule. There is no scheduled stops between 3:21 and 4:07 in the vicinity of this intersection. I was at this intersection waiting at the traffic light at 3:45 and proceeded through once it turned green at approx 3:48.The officer made a swift u-turn and issued a citation with a time stamp of 3:57pm.
I understand that a bus may arrive early or late at its designated stops, but this bus in the left turning lane behind the officer was waiting at the light along with everyone else at 3:48. I have checked and cross-checked every possible bus stop on this route and nothing matches up. The officer is clearly convinced that the bus behind him had flashing red lights. The bus scenario he witnessed through his rear view mirror was very different than what the oncoming traffic (of approx 6 cars) witnessed directly in front of them. However, the officer felt that there was no danger in pulling a fast 180 u-turn to pull me over.
But, how do you defend such? In the past, I've seen drivers pass right through flashing red lights, children crossing, and bus drivers screaming, but this was definitely not one of those moments. Needless to say, I'm still dumbstruck by the events of that day. I've pleaded not guilty and awaiting my court date.
Re: Not Illegally) Passing a School Bus
is the bus identified? I would start with speaking to the school admin about what bus would have been there at that time and if they would be letting kids on or off the bus.
Re: Not Illegally) Passing a School Bus
The bus ID# is A39 and I looked up its schedule and confirmed times with the District's transportation department. Its last stop is at 4:07pm at a street near the intersection where I was waiting at the traffic light. I was at this location between 3:48 and 3:57 (the time stamp of the citation is 3:57pm). There are many busses that swirl around this intersection, but only bus A39 stops to unload students at this location and its scheduled time is 4:07pm. During the time of my citation, bus A39 was enroute with 6 stops to make prior before its last stop.
Re: Not Illegally) Passing a School Bus
I said; contact the operator of the bus. Maybe there was a special run that day or something. The schedule says what is supposed to happen. That doesn't mean that is what happened or there wasn't some special use for the bus that day.
In fact, I would suspect the driver would remember you if you had in fact driven past the bus while the reds were on.
Re: Not Illegally) Passing a School Bus
The driver might also remember the police car in front of him that day.
You might have to subpoena the bus driver.
Re: Not Illegally) Passing a School Bus
Thanks for the help. I'm continuing my search on the bus operator. The district keeps handing that question off to someone else!
I understand that the schedules are not the most reliable source; the transportation dept confirmed that A39 was on regular schedule that day with no reported delays or change in procedure.
Thanks again.
Re: Not Illegally) Passing a School Bus
The judge isn't going to accept what you say that other people told you.
That's hearsay and inadmissible and the prosecutor will jump on that as soon as you try it.
Assumptions, speculation, and what ifs aren't going to get you anywhere unless you get the bus driver into court.
You might have to subpoena the schools records to identify the driver so you can then subpoena the driver.
Re: Not Illegally) Passing a School Bus
Thanks - very helpful information. Anything I plan to say will be done if I have solid documentation to present -- I understand that I can't waltz in front of the court and blab a bunch of stuff that I found online or heard on the phone. I agree the only thing to cement my argument, however, is finding the bus operator -- which is currently a snag in the case.
Re: Not Illegally) Passing a School Bus
You might want to ask if that school bus is equipped with video cameras, I have seen many that are.
If the officer has already obtained that video you can request it as discovery otherwise you would again need a subpoena to compel the Board of Education to produce the video if it exists. That along with the bus driver would be a wonderful foundation for either you or the state, depending on what actually happened.
Re: Not Illegally) Passing a School Bus
This bus in particular is not equipped with a video camera. Meanwhile, I'm awaiting a return call from the bus company (the school district will not supply the operator's name).
I was warned that any violation regarding a school bus scenario is hands down impossible to beat. It's my word against the police officer's. --- I would need an immeasurable amount of audacity to not only pass a school bus with flashing red lights, but to do it while I'm stopped nose to nose with a police officer! This sucks.