Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Oct 2019
    Posts
    1

    Default Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    My question involves a traffic ticket from the state of: Ohio.

    I was driving down a two-lane road with double yellows between. School bus coming in opposite direction had yellow lights on and was still moving. I decided to drive past. As I was passing it, it began deploying it's stop sign, the red lights came on, and the driver honked at me. My understanding is, in the event the driver perceived me to have run the stop sign, she could radio in my license plate and vehicle description and they could have an officer come issue me a citation after the fact. Regardless of believing myself to be innocent, based on Ohio law, it sounds like it's a minimum of a $500 fine associated with that offense as well as 2 points against my license. It also sounds like there's a possibility that my license could be suspended for a period of time. My question is, what factors would determine if the court decided to suspend my license? I currently have a completely clean driving record with my last moving violation being a speeding ticket for 55 in a 40 which occurred at least 6 years ago. Given the nature of how the bus incident occurred and my clean driving record, do you think the court would opt to suspend my license? Is it possible the driver wouldn't even radio in based on what happened? How long do you think it would take for me to be issued a citation assuming the driver did radio it in? I understand these questions are based on speculation and can't be answered definitively, but just looking for an opinion from someone with legal experience. Thank you.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,306

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Here's the law on stopping. http://codes.ohio.gov/orc/4511.75

    A class seven suspension which is mentioned in the above law can carry up to a one-year suspension according to http://codes.ohio.gov/orc/4510.02.

    I have no idea why you seem locked into the idea of the "radio it in". There any number of ways they can report it to the proper authorities. And the method they happen to use will effect how long it takes you to be cited.

    According to the law, the fine cannot exceed $500.00 and the suspension can be UP TO 1 year.

    How any given judge deals with a given fact set would be a guess. My Magic 8 Ball said, "Signs point to no." when I asked if you would get a worse case ruling. I tend to agree.

  3. #3
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    You will not get a "citation after the fact." Who/whatever gave you that ridiculous idea? We live in a land where you're innocent until proven guilty. And you cannot be proven guilty here. If somehow you do get a citation and, when you get to court, the bus driver is miraculously there to testify against you, you just tell your story. You were under no obligation to stop if the bus was still moving, with no red light/ stop sign deployed, when you started passing it. But there will be no such court trial.

  4. #4
    Join Date
    Oct 2016
    Posts
    3,306

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Quote Quoting zeljo
    View Post
    You will not get a "citation after the fact." Who/whatever gave you that ridiculous idea? We live in a land where you're innocent until proven guilty. And you cannot be proven guilty here. If somehow you do get a citation and, when you get to court, the bus driver is miraculously there to testify against you, you just tell your story. You were under no obligation to stop if the bus was still moving, with no red light/ stop sign deployed, when you started passing it. But there will be no such court trial.
    Are you under the misconception that the driver of a school bus can't report a driver that fails to stop and have the police ticket them? Are you unaware that many buses have camera systems that can be provided to be used as evidence in court?

  5. #5
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Quote Quoting PayrolGuy
    View Post
    Are you under the misconception that the driver of a school bus can't report a driver that fails to stop and have the police ticket them? Are you unaware that many buses have camera systems that can be provided to be used as evidence in court?
    Can you read? I already know you can't think. At worst he'll get a threatening letter from the police. Let's wait and see who's right. Funny guy.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,679

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Quote Quoting zeljo
    View Post
    Can you read? I already know you can't think. At worst he'll get a threatening letter from the police. Let's wait and see who's right. Funny guy.
    Its definitely not you.

    Quote Quoting OHDriver
    View Post
    My question involves a traffic ticket from the state of: Ohio.

    I was driving down a two-lane road with double yellows between. School bus coming in opposite direction had yellow lights on and was still moving. I decided to drive past. As I was passing it, it began deploying it's stop sign, the red lights came on, and the driver honked at me. My understanding is, in the event the driver perceived me to have run the stop sign, she could radio in my license plate and vehicle description and they could have an officer come issue me a citation after the fact. Regardless of believing myself to be innocent, based on Ohio law, it sounds like it's a minimum of a $500 fine associated with that offense as well as 2 points against my license. It also sounds like there's a possibility that my license could be suspended for a period of time. My question is, what factors would determine if the court decided to suspend my license? I currently have a completely clean driving record with my last moving violation being a speeding ticket for 55 in a 40 which occurred at least 6 years ago. Given the nature of how the bus incident occurred and my clean driving record, do you think the court would opt to suspend my license? Is it possible the driver wouldn't even radio in based on what happened? How long do you think it would take for me to be issued a citation assuming the driver did radio it in? I understand these questions are based on speculation and can't be answered definitively, but just looking for an opinion from someone with legal experience. Thank you.
    I think that the real question here is not whether or not you can be cited after the fact. The answer to that is yes, you can be cited after the fact. The real question is WILL you be cited after the fact?

    Since the bus driver did not put out the stop sign or turn on the red lights until after you had already started passing the bus, its possible that the bus driver will not actually report you. If any automatic video taken by the bus shows that had already started passing the bus when the stop sign was put out and the red lights came on its possible that the police will not cite you even if the bus driver reports you.

    You are just going to have to wait and see.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,306

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Quote Quoting zeljo
    View Post
    Can you read? I already know you can't think. At worst he'll get a threatening letter from the police. Let's wait and see who's right. Funny guy.
    I certainly can read. I read where you wrote, "You will not get a "citation after the fact." Who/whatever gave you that ridiculous idea?"

    You are wrong that a driver can't receive a ticket after the fact. It happens all the time.

    If the OP gets a ticket, who knows. The bus driver's story may be very different from the OP's.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,745

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Quote Quoting OHDriver
    View Post
    My question is, what factors would determine if the court decided to suspend my license?
    You'd have to ask someone with expertise in Ohio traffic court matters. My guess is that no one with such expertise posts here regularly.


    Quote Quoting OHDriver
    View Post
    Given the nature of how the bus incident occurred and my clean driving record, do you think the court would opt to suspend my license?
    As a practical matter, unless you have some awfully hard-ass judges in your county, a license suspension for something like this would never happen regardless of your past record.


    Quote Quoting OHDriver
    View Post
    How long do you think it would take for me to be issued a citation assuming the driver did radio it in?
    I think it's unlikely you'll get a ticket, but that and $5 will get you a small coffee at Starbucks. However, you'll have to wait to find out. I would think that, after 6-8 weeks or so, you can relax.

    Quote Quoting zeljo
    View Post
    We live in a land where you're innocent until proven guilty.
    That's absurd. The presumption of innocence applies in one place only: a criminal courtroom at the time of a trial, and it is a presumption that only the judge and jury are required to observe.


    Quote Quoting zeljo
    View Post
    And you cannot be proven guilty here.
    There's no legal or factual basis whatsoever for this.


    Quote Quoting zeljo
    View Post
    If somehow you do get a citation and, when you get to court, the bus driver is miraculously there to testify against you, you just tell your story.
    Yeah, because that works out so well for so many folks in traffic court.

  9. #9
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    238

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    OHDriver, read this Statute, it outlines the procedure for issuing a Citation. It is a Minor Misdemeanor, regardless of the enhanced penalty to $500.00, no jail time. As to the Court suspending your license
    or not, plead your case and ask for leniency based on your facts, or however you wish to handle it, you are not entitled to a Public defender or a Jury trial for a MM.


    http://codes.ohio.gov/orc/4511.751

  10. #10
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Bus Started Deploying Stop Sign As I Was Passing and Honked. Will I Get Cited

    Quote Quoting pg1067
    View Post
    (Presumption of innocence)... is absurd. The presumption of innocence applies in one place only: a criminal courtroom at the time of a trial, and it is a presumption that only the judge and jury are required to observe.
    What do you think a traffic violation is? And where it is ultimately resolved? You posting here and posing as some kind of expert is "absurd"

    Quote Quoting llworking
    View Post
    Its definitely not you.
    "Definitely"? Really? If he doesn't get a ticket, then I indeed am right. Do you have a first-hand knowledge of someone actually getting a citation under these circumstances? And, much more importantly, were they able to successfully contest such a citation? Those two questions are all that matters. Your bloviation about "can you get a ticket" and "will you get a ticket" matters to no one but yourself.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Passing a School Bus: What Happens if You're Passing a School Bus When its Stop Sign is Extended
    By womanofcar in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-21-2016, 07:12 PM
  2. Passing a School Bus: Passing a School Bus With its Stop Sign Extended
    By Targ3 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 12-08-2015, 09:59 AM
  3. Passing a School Bus: Passing a School Bus While The Stop Sign Arm is Still Extending
    By bneves_4460 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 10-16-2014, 11:48 AM
  4. Lights, Signs and Traffic Controls: Stop Sign Violation for Passing the Limit Line
    By stevenrt in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 08-06-2012, 01:11 PM
  5. Lights, Signs and Traffic Controls: Cited for Stop Sign vs Stop Light
    By GeoTech in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-24-2010, 09:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources