Can I beat a traffic citation for passing a school bus (read entire explanation before answering) ?

Question

I received a ticket in Florida for passing a school bus. My view is that it was "entrapment" for lack of a better word. I was in heavy traffic in north bound lane of a 4-lane, 2-way street that is separated by a wide turning lane. From a distance, I spotted 3 sheriff's deputy cars parked at angles in the turning lane and I slowed to a crawl. I thought I was coming up on an accident and would soon see a deputy waving traffic out of the way. Not wanting to hit a cop, I kept my eye straight on the police cars. When I finally made it past them and saw through the traffic that there was not an accident, the police cars did U turns and pulled me and someone else over. I never even saw the bus that he said was stopped in the far opposite southbound lane. I know to stop for a school bus, but the deputies created a distraction in the center lane, and I never looked away from them. It was rush hour, 4pm; not the time schools let out here. I have no other tickets on my record, ever.

Answer 1

You should double check your state's traffic laws. I had trouble searching the Florida's BMV website, but I can tell you that in Ohio, oncoming traffic doesn't need to stop for a school bus on roads that are four or more lanes or on a divided highway. Maybe Florida's law is similar.

But if that fails, you are probably going to have to pay the ticket.

Answer 2

I would go to court, and explain it to a judge or magistrate. I would not use the word "entrapment", but clearly state that the presence of the Deputy's cars, and the time, caused you to think that there had been an accident, and you were watching for traffic direction. Another part of the equation is, did the school bus have it's signals on, for you to stop? Unfortunately the roadway, doesn't meet the concept of a divided highway, as there was no physical barrier.

Answer 3

No, you can not beat this citation. You are trying to say you passed the school bus due to all the comotion that was going on in the middle of the street? Think about if you were a parent of one of those children and a car did hit that child. How would you feel? Do you think you would really care to know about a possible accident or not? Let's use common sense here. You don't pass a school bus for any reason. There is no reason for anyone to pass a bus. You should turn on the news or pick up a newspaper sometime, there are many like you sitting behind bars awaiting trials due to the bus they passed actually caused fatalities. You need to realize you are not in the right here. Thank you.

Answer 4

Yes. It's called Divine Laziness, and Ignorant Design. Ignorant Design comes into it when people answer a completely different question to what was asked, or choose to rant instead of answering. A lovely example I once had was a cut'n'paste that filled the page, but did not answer the question at all. I've also had a few people who completely ignore the question itself, and just say stuff like 'I agree'. Okay, you agree. Fair enough, now would you like to tell me your answer at any time? Divine Laziness is the other great religious reason for not reading. It takes the form of a question format (I'll steal your example): Q: Why don't Xs ever seem to tolerate Ys? QD: I don't personally think there's many Xs who dislike Ys, it's just a small minority who tend to be extremely rude and disgusting in their attitudes. A case of the noisiest few, so to speak. What's your opinion on this? A: We're not ALL like that!!! Stop being so judgemental!! ummmm.....READ IT NEXT TIME!!!! lol. ((((hugs))))

Answer 5

were they really big police cars (more like minivans)? In that case, did they block your vision of the oncoming traffic? If so, you have a shout, but don't expect to get off. School buses get so much special treatment. Never mind the fact that they speed in school zones (I see them all the time pulling away from me whilst I dutifully travel at 35mph). Never mind the fact that where they do stop is often unsafe. One bus in NJ that I had to pass each morning stopped just round a bend. Completely unsafe for the kid and unsafe to stop at any speed if the red lights were on and a car is behind you.

Anyway, the best you can hope for, realistically, is a plea in mitigation and a judge that cares to listen. Do not give him any of the stuff I've just written. Present your case objectively. The precise circumstances matter here.

Answer 6

While I sympathize with you, I think you are stuck with the ticket. It is your responsibility to know what is going on all around you -- not just in the center lane. I understand the police presence naturally draws your attention, but if a child was running in front of you from the right-hand side, it would still be dead, regardless of what distracted you.

Answer 7

I frown on anyone tryng to get out of a ticket involving a school bus, school crossing, school speed limits, anthing involving children. Now back to your question, if the bus was loading and or unloading, the emergency lights have to be on, and if they were on, I have no idea how you missed a big a s s yellow school bus. Now if your intent on proving "entrapment", try and get anyone else who got cited that day and all make court appearances together. Good luck.

Answer 8

That argument would do you no good in the court at all. You're supposed to be scanning the entire roadway for potential dangers. Fixating on one thing, like the cops, is not paying enough attention to the roadway ahead of you.

Answer 9

You have no chance.....you did pass the bus.......you can get an attorney and pay 750.00 - 1,500.00. Pay the fine and learn from it. You may have a point about the cops, but you did pass the bus and that is all the judge will care about.

Answer 10

It's not entrapment, because they did not make you do it. So your pretty much stuck with the ticket unless the DA decides to drop it.