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Passing a Stopped School Bus Ticket, With Photos and Video

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  • 04-06-2015, 01:03 PM
    finefatfly
    Passing a Stopped School Bus Ticket, With Photos and Video
    My question involves a traffic ticket from the state of: Georgia / Gwinnett County

    Question: I received an automated $300 fine from the Gwinnett County School Bus Stop-Arm Enforcement Program. It showed 3 pics of my car passing a school bus with the flashing stop sign on. There is also a link to a video where I can view myself passing the bus.

    Now, this is a 3 lane, 45 mph highway, and the school bus was stopped in a 4th, right turn lane. I was in the far left fast lane, following the flow of traffic, and the video shows a few cars before me, and a few cars after me passing the bus. I believe that if I had stopped, it would have caused more of a hazard than if I had not stopped. Had I stopped, I may have been rear ended, or other cars would have simply passed on my right. Again, I was 3 lanes over from the bus. Is this an argument in my defense?

    More info: This letter states that paying the fine will not result in points against my driver's license, and no record of this violation will be sent to my insurance company or the Dept. Of Drivers' Services. This tells me that this letter has not teeth. The only real threat is that payment must be made in full to avoid futher civil action, and reporting this debt to a collection agency. Notice it says civil, not legal. Again, no teeth.

    I think I can safely ignore this. Or, if I choose, show up to contest it, and it will be thrown out without much fuss. Any ideas/advice? I'd appreciate it...thanks!
  • 04-06-2015, 03:56 PM
    Who'sThatGuy
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    You have no defense what so ever.

    You should have come to a complete stop. If you were rear-ended, you can come back here and talk about suing them.


    Quote:

    I believe that if I had stopped, it would have caused more of a hazard than if I had not stopped.
    And while continuing in that path while overtaking the school bus, a child could have darted out in front of that bus and you could have struck that child.

    I would much rather deal with suing someone for rear-ending me then defend myself in a civil lawsuit, in a courtroom with motor vehicle violations and criminal charges.

    Anyway, you sound like you know better, so don't pay the fine and come back here and let us know what happens.
  • 04-07-2015, 01:34 PM
    AttyBlock
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    I agree. You should have come to a complete stop. In New York, where I practice, it would have been a 5 point ticket. We do not have cameras mounted on buses. It would only be a 5 point ticket if an officer pulled you over and wrote the ticket. It is difficult to notice stopped vehicles several lanes across a highway, but you have to be on the look out for school buses. Best of luck!
  • 04-07-2015, 01:56 PM
    tonynewman
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    that's pretty interesting, I though most school bus companies are private?, I wonder who would get the money if you sent it in, it would be nice to get an update if in fact they serve you with court papers.
  • 04-07-2015, 05:42 PM
    BooRennie
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    Quote:

    Quoting tonynewman
    View Post
    that's pretty interesting, I though most school bus companies are private?, I wonder who would get the money if you sent it in, it would be nice to get an update if in fact they serve you with court papers.

    No, most school bus companies are not private. Many school districts (especially in the more rural South) own and maintain their own buses.
  • 04-07-2015, 06:02 PM
    jk
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    was this violation over 2 months ago? Gwinnett county schools announced they were terminating the warning program as of Jan 6 2015.


    I suspect they can still report this CRIME to the police who can issue a ticket based on the evidence against you. Here are the penalties for the violation:

    Quote:

    In Georgia, if a law enforcement official cites a driver for illegally passing a school bus, the fine is up to $1,000, a mandatory court appearance, and six points on the driver’s license. Drivers cited through the school district’s program will earn no points on the license but face a $300 fine for the first offense, $750 for the second offense and $1,000 for a third or greater offense within five years.
    so, are you a gambler? Are you willing to gamble they won't turn it over to the police should you refuse to pay? Given the penalties involved, I know I wouldn't.
  • 04-10-2015, 10:58 AM
    finefatfly
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    Quote:

    Quoting jk
    View Post
    was this violation over 2 months ago? Gwinnett county schools announced they were terminating the warning program as of Jan 6 2015.


    I suspect they can still report this CRIME to the police who can issue a ticket based on the evidence against you. Here are the penalties for the violation:



    so, are you a gambler? Are you willing to gamble they won't turn it over to the police should you refuse to pay? Given the penalties involved, I know I wouldn't.

    JK,

    Thanks for the input. This was only 2 weeks ago, so no, this was not during Gwinnett County's "warning" period. And I see what you're saying...pay the bill and I'm out $300, BUT it's over and done with. Don't pay the bill, and I risk a much larger fine, a court date, points on my license, reporting to my insurance company, etc.

    I also have the option of not paying the bill, and showing up for a hearing a few months from now to plead my case. If I choose that route, what's the worst that can happen? They say guilty, and I pay the $300 then? Or do I risk all that bad stuff mentioned above?

    Normally, I wouldn't even worry about this, and just pay the $300. But money is tight right now for lots of different reasons. I appreciate your advice.
  • 05-18-2015, 12:14 PM
    gcrawdad
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    Hi finefatfly,

    Same situation here in Gwinnett. I saw the bus slowing on the far right lane that leads into a subdivision, no lights/stop sign, and was nearly even with it as I entered a left turn lane, three lanes away.I was in the process of making a left turn and had to focus on that and the left-turn traffic light. I was shocked to get this in the mail. Please let me know what you decide to do and the outcome. I'm seriously considering fighting this on my own (mid-July) and hope there is a judge presiding with ordinary common sense. I'm amazed at how many people will calmly accept the ubiquitous cameras that are in store for us and believe that those of us who receive such a ticket have little regard for the lives of children. It may have been Dallas, TX where 68% of these tickets are being dismissed. In any case, there are multiple stories of the abuses taking place. It's always a good idea to follow the money. Please post back or send a pm if that's possible.
  • 06-08-2015, 10:27 AM
    finefatfly
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    Quote:

    Quoting gcrawdad
    View Post
    Hi finefatfly,

    Same situation here in Gwinnett. I saw the bus slowing on the far right lane that leads into a subdivision, no lights/stop sign, and was nearly even with it as I entered a left turn lane, three lanes away.I was in the process of making a left turn and had to focus on that and the left-turn traffic light. I was shocked to get this in the mail. Please let me know what you decide to do and the outcome. I'm seriously considering fighting this on my own (mid-July) and hope there is a judge presiding with ordinary common sense. I'm amazed at how many people will calmly accept the ubiquitous cameras that are in store for us and believe that those of us who receive such a ticket have little regard for the lives of children. It may have been Dallas, TX where 68% of these tickets are being dismissed. In any case, there are multiple stories of the abuses taking place. It's always a good idea to follow the money. Please post back or send a pm if that's possible.

    I'm sorry to say I caved. The deadline came to pay or otherwise show up in traffic court, so I just paid it. Yes, I'm out $300, but if I had to show up in court, it would be a big hassle, I'd lose a day of work, I probably would have to pay anyway, etc.

    I still think it's a bunch of BS...a bunch of cars in the far left lane could be seen passing the bus in the far right shoulder of a 4 lane highway. I honestly don't even remember seeing the bus, and I doubt the other drivers did either. Hmmm...let's see...pay attention to what's going on in my lane, or look over 3 lanes to the far right to see what's going on there?

    Take your money Gwinnett and choke on it. I'm sure somebody with more time and resources than I have will eventually sue your pants off.
  • 06-08-2015, 09:01 PM
    gcrawdad
    Re: Passing a Stopped School Bus Ticket, With Photos and Video
    Thanks for getting back. I'm retired now so I have a little time on my hands. I think I'm going in and at least have my say. I just want to make sure that, if I do that, I won't be hit with an increased fine, or points, or a report to the ins. co. Do you know for sure that they do that? So just pay up and shut up or it gets a lot worse?
    I asked about this elsewhere but haven't received a response yet from anyone who was able to get it dismissed.
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