how I got a ticket...

[collwen]

In a way, this is more for my own records for traffic court... But if anyone has an idea on how I should plead I'm all ears.


Route 9, Wappinger's Falls. There it's a 4 lane divided highway with a lot of stores and businesses, and traffic lights, with extra turning lanes for those lights. And a bus stop right next to one of the busiest intersections.

I was in the right hand lane behind a tractor trailer truck. We had just started after a stop light turned green and it took about 30 seconds to realize that the cars in the other lane weren't moving and another 15-20 to figure out why- there was a school bus in the other direction that had just turned the red lights on... and I was about nose and nose with the line across 4 lanes of traffic to it. I was slowing to a stop so people behind me wouldn't hit me when I saw the flashing lights of the cop car crossing in front of the school bus. I then moved over to the right lane-width shoulder so that when everyone else started up again I wouldn't get hit or block traffic further and cause a bottleneck... which of course put me farther into the "passing a stopped school bus" zone. The tractor trailer must have (due to it's length) already been part-way past it when the red lights came on.

I can't make the summons date, because it's the same night as the Rebekah Officer Installation for my lodge, so I have to mail in the ticket.

Obviously, I went past the bus, but I didn't realize it was too late to do stop in what I felt was a safe enough manner. So I'm not sure whether to plead guilty with an explanation or not guilty and get a date for traffic court.

Comments

[blaisepascal]

Plead not guilty and get a date in court. You are uncertain if your explanation will be accepted, and you might be able to plea bargain with the prosecutor. The worse that can happen is that you'd be adjuticated guilty and have to pay the same penalty as if you plead guilty.

[collwen.livejournal.com]

That sounds reasonable...

[bailey21975.livejournal.com]

From the perspective of working in a law office (but not being an attorney -- hence, this isn't "legal advice" lol), albeit in a different state -- I would agree with blaisepascal. The worst case scenerio works out the same, and if you go to court, you have not one but two people who might be sympathetic: the prosecutor, and failing that, you make your plea to the judge. Now -- if you go to court and are found guilty, you will have to pay court costs on top of your fine, and around here that's usually in the neighborhood of $75. Well worth the risk, in my opinion, but that's just me.

[anibas1111.livejournal.com]

Which is WAY cheaper than the points/possible fines. And the possible increase in insurance.

FYI!! According to here
http://www.nydmv.state.ny.us/dmanual/chapter06-manual.htm

SCHOOL BUSES

When a stopped school bus flashes its red light(s), traffic approaching from either direction, even in front of the school and in school parking lots, must stop before reaching the bus. You should stop at least 20 feet (6 m) away from the bus. You can identify this bus by a "SCHOOL BUS" sign, the red lights on top, and its unique yellow/orange color.

Before a school bus stops to load or unload passengers, the driver will usually flash yellow warning lights. When you see them, slow down and be prepared to stop.

Once stopped for a school bus, you may not drive again until the red lights stop flashing or when the bus driver or a traffic officer waves you on. This law applies on all roadways in New York State. You must stop for a school bus even if it is on the opposite side of a divided highway.

After stopping for a school bus, watch for children along the side of the road. Drive slowly until you have passed them.

Safety Tip: Most school bus-related deaths and injuries occur while children are crossing the street after leaving the bus, not in collisions involving school buses.

Keep in mind that vehicles transporting disabled persons may be equipped as school buses, and you must stop for them just as you would for other school buses.

The fine for passing a stopped school bus ranges from a minimum of $250 for a first violation to a maximum of $1,000 for three violations in three years. In addition, if you are convicted of three such violations in three years, your license will be revoked for a minimum of six months.

My advice, dress sensibly and respectably, explain what happened stress the *I was extra super careful watching for children, while getting my car our of traffic, blinded by the tractor trailer. I thought it was the most responsible thing to do. I saw and was responding to the situation, trying to adhere to the law, as I understood it in that situation. Stress your good driving record!!!

Practice what you are going to say, out load in front of a mirror, make it concise and clear. I get nervous, and it screwed me once upon a time eons ago.

*hugs*

HOPE for the best outcome!

[collwen.livejournal.com]

That's good to know... court very well would be cheaper if it can be brought down (like what happened with my 1 speeding ticket over 5 years ago).

[dwarven-brewer.livejournal.com]

Go to court, plead not guilty as has been suggested. explain what you were trying to accomplish (by pulling over) to the prosecutor/judge. Also point out your traffic record (if there is nothing other than a traffic ticket from 5 years ago.

[collwen.livejournal.com]

at least not while I was driving or in the car...

[dwarven-brewer.livejournal.com]

Then again, don't mention your previous record.

[alphawench.livejournal.com]

get a copy of the "how to drive" book - the one you get before you get your learner's permit - I THOUGHT that if the bus was on the other side of a divided highway, that you didn't have to stop.

I may very well be wrong - long long time since I saw one of those books.

And if I'm wrong, tell me so I don't get a ticket, someday, too!

[collwen.livejournal.com]

they recently changed the rules to include divided highways...

Divided highway?

[pelgar.livejournal.com]

If the highway was divided, there should be no issue. You shouldn't be responsible to stop on the opposite side of a highway for said bus.

As always, request a copy of the exact statute from the registry of motor vehicles and review it for those specifics.

1. If you can't make the date of a summons, request a continuance by mail, or plead not-guilty and request a court date. You can always request a continuance for the court date if that is inconvenient for you too.

2. Explain that your view of the opposite side of the DIVIDED HIGHWAY was obstructed by the tractor-trailer, and that you were in the process of stopping after your view became unobstructed when you saw said school bus.

I still say though, if it's a divided frickin highway, there should be no requirement to stop.

Re: Divided highway?

[collwen.livejournal.com]

NYS you have to stop, even if it is divided highway. I think to the point that if a bus were to stop on an interstate and use the flashing red lights you'd have to stop if you could see them (unless there's a wooded/hill area in between obstructing the view).

Re: Divided highway?

[rtreesbane.livejournal.com]

NYS also has exceptions to the rules though. Take speed limit zones. If you're speeding for a 30 mph zone, but cannot safely stop before you go into that 45 mph zone you are coming up to, legally, you are considered to be IN the 45 mph zone even though you haven't reached the sign.

Depending on the judge, because traffic court is 90% judges whim and 10% actual law, you might come away with no points for the moving violation and could get it reduced to failure to yield right of way. I doubt you'll get away without a fine. But it might get lowered at best.

Re: Divided highway?

[collwen.livejournal.com]

I hope it gets lowered...