Tags: approached, attorney, brmissouribri, bus, crosswalk, elementary, failure, law, lawyer, legal, school, sister, state, traffic

failure to stop at a school bus stop sign

On Lawyer & Legal » Traffic Law

12,846 words with 8 Comments; publish: Fri, 17 Nov 2006 18:48:00 GMT; (800124.02, « »)

The state is:

Missouri

I let my sister off at her elementary school right as the school bus approached the crosswalk and I proceeded to drive off before the sign was out completely (if at all). I went to my high school and everything was fine until lunch when our resourse officer called me into his office and gave me a citation for failure to stop at a school bus stop-sign. The officer said he got a call from a bus driver stating that this is what happened.

I told the officer the arm wasn't out and I did what I thought was legal. He asked me if the lights were flashing on the bus and I didn't know. All I know was the sign wasn't out and the kids weren't off the bus.

I'm now wondering if the Bus driver's accuzation is enough for me to be found guilty. To my knowledge there weren't any other adults present when the supposed incident occurred.

Am I at risk of being found guilty by meer word-of-mouth? If found guilty what is the max punishment and min. punishments I could receive? And finaly, if I'm found guilty after pleading innocent are there any repercussions?

All Comments

Leave a comment...

  • 8 Comments
    • Q: I'm now wondering if the Bus driver's accuzation is enough for me to be found guilty.

      A: Yes. If you want to plead not guilty and have a trial, that's fine, but you just said you didn't know if the lights were flashing. You don't have much of a case.

      #1; Fri, 17 Nov 2006 18:49:00 GMT
    • You'd be better off spending your time doing schoolwork, learning spelling, and thinking about why traffic laws were made.

      One thing to consider is: what would you think if someone whacked your little sister because they were in too much of a hurry to wait for the school bus to finish unloading small children?

      Quote:
      === Original Words ===

      What is the name of your state?

      Missouri

      I let my sister off at her elementary school right as the school bus approached the crosswalk and I proceeded to drive off before the sign was out completely (if at all). I went to my high school and everything was fine until lunch when our resourse officer called me into his office and gave me a citation for failure to stop at a school bus stop-sign. The officer said he got a call from a bus driver stating that this is what happened.

      I told the officer the arm wasn't out and I did what I thought was legal. He asked me if the lights were flashing on the bus and I didn't know. All I know was the sign wasn't out and the kids weren't off the bus.

      I'm now wondering if the Bus driver's accuzation is enough for me to be found guilty. To my knowledge there weren't any other adults present when the supposed incident occurred.

      Am I at risk of being found guilty by meer word-of-mouth? If found guilty what is the max punishment and min. punishments I could receive? And finaly, if I'm found guilty after pleading innocent are there any repercussions?

      #2; Fri, 17 Nov 2006 18:55:00 GMT
    • When you saw the flashing lights, you should have stopped.

      In fact, you knew the bus was letting kids off so you should've stopped any way.

      Missouri Revised Statutes

      Chapter 3 4

      Traffic Regulations

      Section 3 4. 5

      August 28, 2 5

      School buses, drivers to stop for, when--signs required on buses--crossing control arm--bus driver responsibilities--driver identity rebuttable presumption, when (Jessica's Law).

      3 4. 5 . 1. The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signaled by its driver to proceed.

      2. Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than eight inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop while bus is loading and unloading". Each school bus subject to the provisions of sections 3 4. 5 to 3 4. 7 shall be equipped with a mechanical and electrical signaling device approved by the state board of education, which will display a signal plainly visible from the front and rear and indicating intention to stop.

      3. Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped no later than August 1, 1998, with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five feet six inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in subsection 2 of this section. This subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri schoolchildren who have been injured or killed during the operation of a school bus.

      4. Except as otherwise provided in this section, the driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the state board of education, to communicate to drivers of other vehicles that students are loading or unloading. A public school district shall have the authority pursuant to this section to adopt a policy which provides that the driver of a school bus in the process of loading or unloading students upon a divided highway of four or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution, and in such case, the driver of a vehicle may proceed past the school bus with due caution. No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two lanes of traffic; nor shall any passengers be taken on or discharged while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least five hundred feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than sixty miles per hour and at least three hundred feet in each direction to drivers of other vehicles upon other highways, and on all highways, only for such time as is actually necessary to take on and discharge passengers.

      5. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, or which is proceeding in the opposite direction on a highway containing four or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

      6. The driver of any school bus driving upon the highways of this state after loading or unloading school children, shall remain stopped if the bus is followed by three or more vehicles, until such vehicles have been permitted to pass the school bus, if the conditions prevailing make it safe to do so.

      7. If any vehicle is witnessed by a peace officer or the driver of a school bus to have violated the provisions of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation. No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen days of receipt of such notice.

      8. Notwithstanding the provisions in section 3 1.13 , RSMo, every school bus shall be required to have two license plates.

      (L. 1949 p. 329 1, A.L. 1958 2d Ex. Sess. p. 175, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et al., A.L. 1986 H.B. 14 5, A.L. 1997 S.B. 315)

      Effective 7-1-98

      CROSS REFERENCE: Penalty provisions for certain violations of this section, RSMo 3 4. 7

      (2 4) Section is not unconstitutionally vague under due process clause as to whether it only applies to four-lane highways, and term "plainly visible" is not vague where evidence confirmed the absence of any visibility. State v. Dunn, 147 S.W.3d 75 (Mo.banc).

      #3; Fri, 17 Nov 2006 19:24:00 GMT
    • Q: but doesn't an officer have to be present.

      A: No.

      Q: If any old bus driver could make an accusation and it be 1 % assumed as true then isn't it just like a witch hunt.

      A: No, not true. The court will decide (if you have a trial) who is right and who is wrong.

      Q: There is no proof that I did anything wrong and I honestly don't think I did.

      A: That's not what you said in your first post: "...I let my sister off at her elementary school right as the school bus approached the crosswalk and I proceeded to drive off before the sign was out completely (if at all)...."

      As you know, running a school bus sign in Missouri is taken very seriously.

      #4; Fri, 17 Nov 2006 19:00:00 GMT
    • If the school buses in Missour are like the one's in my state, the flashing lights come on 3 to 5 seconds before the stop sign thingy pops out. Also, Missouri laws follow the Uniform Vehicle Code.

      UVC 11-7 5(a) The driver of a vehicle meeting or overtaking from either direction any school bus that meets the color and identification requirements of 12-222(a), (b) and (c) of this code stopped on the highway shall stop before reaching such school bus when there is in operation on said school bus the flashing red lights specified in 12-222(a) and said driver shall not proceed until such school bus resumes motion or the flashing red lights are no longer actuated.

      Notice the law specifies the flashing red lights, not the stop sign. And you claim you did not see the lights. Kind of shoots a hole bunch of holes in your argument.

      #5; Fri, 17 Nov 2006 19:21:00 GMT
    • did you read the same thing I did? The sign wasn't out... so How did I run it?!?!?!?
      #6; Fri, 17 Nov 2006 19:03:00 GMT
    • so what will the penalty be
      #7; Fri, 17 Nov 2006 19:39:00 GMT
    • Quote:
      === Original Words ===

      Q: I'm now wondering if the Bus driver's accuzation is enough for me to be found guilty.

      A: Yes. If you want to plead not guilty and have a trial, that's fine, but you just said you didn't know if the lights were flashing. You don't have much of a case.

      but doesn't an officer have to be present. If any old bus driver could make an accusation and it be 100% assumed as true then isn't it just like a witch hunt. There is no proof that I did anything wrong and I honestly don't think I did...
      #8; Fri, 17 Nov 2006 18:57:00 GMT