passing a 'stopped' schoolbus

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nytmareliving

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I was in Charleston, SC for St. Patricks day. On my way out of the city there was a schoolbus. It stopped, so did I (I was behind a few other cars). It starts to move again, but leaves its flashing lights on, and drives for about another block and a half. Everyone is passing the bus, so I figured I could also, so I did pass it. I was right behind a guy in an SUV. When we passed the bus it was slowing down, but it did not have its stop sign out.
So I'm at the next red light and an undercover officer turns his lights on behind me, so I pull over, so does the guy in the SUV in front of me.The cop gets out (not in uniform) looks at the guy in the SUV (that has SC tags), looks at me in my tiny red car (thats has GA tags), tells him he can go and tells me to pull over farther, he takes me lic., reg., and ins., info from me. Then here comes an officer in a marked police car (hes in uniform) the undercover hands him my information, and then leaves. So the one in uniform wrote me the ticket. This seems highly unfair to me. Maybe they thought that since I live 3 hours away I wouldn't try to fight the ticket, but the ticket is for $1062.00. I just don't understand how I ended up with the ticket. What would be the best way to fight this ticket without sounding like I'm whining? I'm trying to get all my debt paid off and start college in the fall and this will most def. put me off track.
 
What statute number are you charged under?
 
nytmare_living said:
I was in Charleston, SC for St. Patricks day. On my way out of the city there was a schoolbus. It stopped, so did I (I was behind a few other cars). It starts to move again, but leaves its flashing lights on, and drives for about another block and a half. Everyone is passing the bus, so I figured I could also, so I did pass it. I was right behind a guy in an SUV. When we passed the bus it was slowing down, but it did not have its stop sign out.
So I'm at the next red light and an undercover officer turns his lights on behind me, so I pull over, so does the guy in the SUV in front of me.The cop gets out (not in uniform) looks at the guy in the SUV (that has SC tags), looks at me in my tiny red car (thats has GA tags), tells him he can go and tells me to pull over farther, he takes me lic., reg., and ins., info from me. Then here comes an officer in a marked police car (hes in uniform) the undercover hands him my information, and then leaves. So the one in uniform wrote me the ticket. This seems highly unfair to me. Maybe they thought that since I live 3 hours away I wouldn't try to fight the ticket, but the ticket is for $1062.00. I just don't understand how I ended up with the ticket. What would be the best way to fight this ticket without sounding like I'm whining? I'm trying to get all my debt paid off and start college in the fall and this will most def. put me off track.
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According to your facts, you violated (C):

SECTION 56-5-2770. Signals and markings on school buses; meeting, overtaking and passing school bus; loading passengers along multi-lane highways.

(A) The driver of a vehicle meeting or overtaking from either direction a school bus stopped on a highway or private road must stop before reaching the bus where there are in operation on the bus flashing red lights specified in State Department of Education Regulations and Specifications Pertaining to School Buses, and the driver must not proceed until the bus resumes motion or the flashing red lights are no longer actuated.

(B) The driver of a vehicle need not stop upon meeting a stopped school bus when traveling in the opposite direction on a multi-lane highway or multi-lane private road.

(C) The driver of a vehicle must not overtake a school bus which has amber visual signals actuated.

(D) A school bus must be equipped with red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which must be actuated by the driver whenever the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver must not actuate the special visual signals when the bus is in designated school bus loading or off-loading areas if the bus is off the roadway entirely.

(E) A school bus must bear upon its front and rear plainly visible signs containing the words "SCHOOL BUS" in black letters not less than eight inches in height.

(F) A school bus route that requires passengers to be loaded or off-loaded along a multi-lane highway or multi-lane private road must be designed to ensure that a student is not required to cross a multi-lane highway or multi-lane private road.

(G) For the purposes of this section a multi-lane highway or multi-lane private road is a highway or private road that consists of four or more traffic lanes, having at least two traffic lanes traveling in each direction.

http://www.scstatehouse.net/code/t56c005.htm
 
nytmare_living said:
so im pretty much screwed..
i dont have any leverage with "but he let the other guy go"?
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ONly if you bend over.

Were the lights on when they were supposed to be? Or did the high school drop out bus driver forget to shut them off while you were passing.

Not guilty, jury trial demanded. Check the proper procedure, the cop screwed up somewhere, they always do.
 
nytmare_living said:
so im pretty much screwed..
i dont have any leverage with "but he let the other guy go"?
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Selective enforcement of the law is (in my opinion) wrong.

However, to prove it as a defense is extremely difficult.

But if you want to have a trial and ask the cop why he let the other people go and picked you to ticket, then go ahead.

I am sure the cop will have a good answer which will satisfy the court.
 
Motion to Quash the Notice to Appear or Summons. That would be a good start. Then Motion to Dismiss. Look at the procedure, look who and how that complaint needed to be signed. I can tell you, something is wrong, just look for it.
 
The lights stayed on while he/she drove down the block, just the amber flashing lights, not the red stop ones. Rivers Ave. is 6 lanes wide, three on each side, the bus was closest to the curb, and i was all the way in the far lane from it.
 
I was told that if i go to court and try to fight this ticket, that they would take my DL from me, but if I just pay it I'll be okay. I do have some other tickets/points on there but im not sure how many.. Wouldn't they take it anyway, regardless of if i go to court or not?
 
seniorjudge said:
According to your facts, you violated (C):

...
(C) The driver of a vehicle must not overtake a school bus which has amber visual signals actuated.
...
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nytmare_living said:
The lights stayed on while he/she drove down the block, just the amber flashing lights, not the red stop ones. Rivers Ave. is 6 lanes wide, three on each side, the bus was closest to the curb, and i was all the way in the far lane from it.
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Since you admit to your guilt, I would suggest you plea bargain with the prosecutor. That may help to save your license.
 
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