I was traveling in the left lane of a highway when a school bus stopped in the right lane with red flashers and stop sign. I came to a full stop. A semi was barreling down on me probably at 70 MPH. The driver screeched brakes and his load started swaying badly. He would have hit me and the bus if I had stayed there. I decided to pass the bus to get out of the semi's way because he was endangering lives. For about 200 yards past the bus the semi driver was in the left shoulder trying to slow down enough to not hit me as I was accelerating from a complete stop. I got into the right lane as soon as I could even though it meant missing my left turn ahead. I just had to get out of his way.
My opinion: Only the semi driver should have gotten a ticket because we were on a straight road with miles of visibility ahead. He should have seen the bus flashers and my car and been ready to come to a complete stop, but he couldn't have even stopped 200 yards past the bus.
2007-05-09 01:53:19 · 14 answers · asked by Deb 4 in Politics & Government ➔ Law Enforcement & Police
The bus driver's statement to the police matched mine and even the bus driver told them the children's lives were saved because of my quick thinking.
I had no other option but to drive forward because the right lane was blocked by the bus and the semi was veering to the left shoulder. I was sandwiched in between them as I struggled to accelerate and get out of the driver's way.
The semi driver and I both got a ticket because the officer drove up after I started to accelerate and didn't believe I had been at a complete stop. Both the semi driver and the bus driver told police I was completely stopped. The semi driver admitted to total fault because he was fiddling with something and not paying attention to the road. We were both cited for not stopping but he was also cited for wreckless endangerment or something like that.
Yes, I did actually break the law, but it was my only choice to prevent a semi from hitting me and the bus full of elementary children. I will fight this.
2007-05-09 02:53:21 · update #1
If it was my kid's bus I would have passed the bus even sooner. As badly as the semi trailer was swaying and with the left shoulder quickly narrowing ahead he would have still hit me if I had stayed there. He didn't have enough room to manuever around me and the median was a deep culvert so he couldn't have veered around me. He even shook my hand and thanked me for saving his life because he would have chosen to plummet into the culvert before hitting me and the bus.
I know kids were not going to be crossing the highway. After a child got killed crossing the road a few years ago, our county decided to reroute buses so kids won't ever have to cross a road. In other words, I had reasonable assurance that by passing the bus I would not have personally endangered lives. If I had chosen not to pass, lives would have been at stake.
2007-05-09 03:01:39 · update #2
I am not a law enforcer, but my husband is a Trooper. He said if he hadn't seen you come to a complete stop because he drove up afterward, he would have taken the word of the bus driver and the semi driver that you did stop. He would not have given you a ticket knowing you had no other choice but to move out of the way to keep from being killed and to keep kids from being killed. This was justifiable!
Here is what the law says:
The school bus rule:
If you approach a stopped school bus from any direction, you MUST stop until one or more of the following occurs:
1. The school bus resumes motion; or
2. You are signaled by the school bus driver to proceed; or
3. The visual signal used by the bus (usually blinking lights) is turned off.
Any violation of the rules requiring you to stop for school buses is a MISDEMEANOR CRIMINAL OFFENSE, punishable by a fine of at least $200 and up to $1,000. If the person is a two-time (or more) offender, the Court has the power to suspend the violator's driver's license for a period of time up to six months. If the offender does not pay the fine, or is unable to pay, the Court may order the offender to perform community service. The Court has the authority to order the number of hours required.
More importantly, failing to stop for a school bus puts our children in danger. Please be careful. This is very serious business.
Okay, now that I have copied and pasted info about passing school buses and made it clear that you absolutely broke the law, I want to explain why it was justifiable. I am an attorney so I know I can help you. This sounds way off subject, but bear with me a little. You have probably heard of justifiable homicide. Well, basically that means yes, you really did kill someone, but no, you couldn't have avoided it and your reasoning was understandable. It also means no legal repercussions. Basically though passing a school bus puts kids lives in danger, you were faced with a troubling situation in which you only had a split-second to react. Ironically, in your case, the lives would have been in much more danger if you had not passed the bus and just sat there letting the semi hit you and the bus. Morally and ethically your decision was right. Legally, though, you need a good attorney who can cite similar cases in which charges were dropped due to justifiable reasons.
A good site for researching similar cases: http://www.legalcasedocs.com/
If you do fight this in court, be sure to take photos of the area proving the narrow shoulders, the visibility of the semi, the deep culvert, etc. This will prove you had nowhere to go but forward to prevent an accident. Also prepare a poster to look like the road (simple drawings). Make separate pics of your car, the bus, and the semi, maybe even the cop. Put Velcro on them and on the poster so you can show where everyone was and how they moved. You can also use this to show when and where during this situation the cop showed up to verify why he couldn't have seen that you did come to a complete stop. (Oh, if asked, also let others use your materials to show their side. Cooperation plays a big part in the eyes of a jury.)
Research who your judge might be. If it is someone who is not understanding and wants to make examples out of people, then request a jury trial. If it is someone who does try to understand others, then you may want to go with just a judge. Talk to your lawyer about all of this. The more prepared you are in court, the better your chances of winning. If the other 2 drivers continue to back up your side of the story, that will be a big plus in your case.
Remember hearing, "Innocent until proven guilty" well, your witnesses can prove you really did stop. They can also prove you were justified in passing the bus when you did.
No matter what happens in court, though, just remember...precious lives, including your own, were saved due to your alertness and quick response.
2007-05-09 08:26:33 · answer #1 · answered by claire_a_tee 2 · 1⤊ 0⤋
In my opinion which probably won't hold up in court, you were right. The law is made for typical situations but there are times in which you need to use your own judgment. How did you get this ticket? Was a police office in the vicinity or did the bus driver take lisence #'s? Were you alone or did you have a witness with you?
2007-05-09 02:04:14 · answer #2 · answered by punxy_girl 4 · 2⤊ 0⤋
I dont know what Texas laws are but No, I would not have given you a ticket if that happened here. By passing the school bus you stopped a more serious situation from being created. Your quick thinking probably saved the lives of some of those children.
2007-05-09 02:06:46 · answer #3 · answered by weapon_30 4 · 1⤊ 1⤋
As police officers in Texas, we are allowed to use discretion when writing a citation, and making arrests (except family violence). Based on the facts you have presented, most officers would have weighed the greater cost (violating a traffic law vs. major accident involving children) and made a decision from that. I personally would not have issued you a citation, but each officer is different. You have the right to contest the charge, perhaps the judge in your jurisdiction will see it your way.
2007-05-09 03:14:26 · answer #4 · answered by Texas Sleuth 2 · 0⤊ 1⤋
As an officer, I would not have given you a ticket in this situation. You did what you had to do to protect your own life and that of children you don't know. Go to court and explain any and all of this. If you are able to, try and find out who the bus driver was to see if they would be able to explain the situation as well, as they may have witnessed it. Good luck.
2007-05-09 02:37:44 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Point 1: You came to a complete stop.
Point 2: You progressed beyond the bus in order to avoid an accident.
Question: Was it possible to try to pull off the road? Was there no shoulder to pull onto?
My guess is you did the right thing. I would have tried to slowly progress past the bus to avoid any children, while honking my horn, and pulled as far to the side as possible to get out of the truck's way.
2007-05-09 02:04:20 · answer #6 · answered by crispy 5 · 1⤊ 1⤋
You know the old saying "Two wrongs don't make a right," however, this is one reason why officers are allowed a bit of discretion when patrolling.
Based upon the events as you've described them....I would have only issued a summons to the semi driver!
Best wishes!
2007-05-09 02:03:20 · answer #7 · answered by KC V ™ 7 · 3⤊ 1⤋
Did the bus driver put on the flashing yellow lights first? If not, than the driver of the school bus is at fault for not warning surrounding traffic of the bus's intention.
2007-05-09 03:39:07 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Nope, you would have gotten a ticket, then the judge could decide if there was a reason and he could dismiss it, it is not the officers choice to rule on the case
2007-05-09 07:32:53 · answer #9 · answered by Anonymous · 0⤊ 1⤋
in a situation like this where a motorist is traveling to fast for conditions and you had to do what any reasonable person would do to avoid injury to your self , then no you would not be issued a citation by me or most officers , if you where issued one i clearly would fight it , this is why we have the courts . and why police officers such as my self are not the final authority on your guilt or innocence . i think you have nothing to worry about here
2007-05-09 02:15:16 · answer #10 · answered by Dr.Bucksnort 7 · 2⤊ 1⤋