Legal Question in Traffic Law in Minnesota

passing a school bus

I was behind a bus that slowed down and had the orange blinking lights. I noticed that on the back of the bus it said �It is unlawful to pass a bus with red flashing lights.� So I pulled to the left to go around it�as I was going by it, the stop sign on the bus swung out�.this was after I was half way by the bus. I kept going, the bus driver honked at me. Well�.anyway, I went home. I was sitting in my living room when a cop pulled up to the door about 30-40 minutes later. He asked me if it was me driving, took my license, and gave me a ticket! I don�t understand how can he just come to my door and write me a ticket for something he didn�t witness? Besides the fact that the law states that kids have to be out of the bus, the red lights need to be flashing, and the stop sign needs to be out to get a violation. http://www.revisor.leg.state.mn.us/stats/169/444.html

The fine is $367.50!!! The cop never saw anything happen, the red lights were not flashing, and kids were not out of the bus. What do I need to do to not get this ticket? To this point, I have no traffic violations, not even a speeding ticket. I have had my license for 6 years.


Asked on 9/23/03, 10:03 am

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: passing a school bus

These kinds of situations happen all the time. The need to deal with them is one of the reasons we have lawyers. You obviously have a situation where the driver's story is different from your own, and you need a lawyer to make sure that your side of the story gets told.

A lot of times in situations where your record is clean as yours is, a deal can be made which will keep the ticket off your record. One of my favorite deals is what we call a continuance for dismissal. You would pay some court costs, and the matter is postponed for a year. Assuming you have no similar charges over the next year, then the charge is dismissed. If you get in some other new similar trouble during that year, the charge comes back to get you, but you still have your right to go to trial on the charge at that time - because you have not plead guilty to anything.

My fee to represent you on this would be higher than that fine; but the fine is the least of your worries. The main thing to be concerned about is your record. A clean record is priceless.

I am out of town this week but should be in the office by Friday afternoon. You can call me at 952-544-6356 then.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of an attorney of your choice concerning the details of your case.

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Answered on 9/23/03, 12:04 pm
Ronald Lundquist Law Offices of Ronald Lundquist

Re: passing a school bus

THE FOLLOWING IS GENERAL LEGAL INFORMATION. IT IS NOT LEGAL ADVICE. IF YOU WISH TO RETAIN AN ATTORNEY YOU SHOULD ARRANGE A MEETING WITH AN ATTORNEY AND SIGN A RETAINER AGREEMENT.

The officer issued the citation based on the information he received from the bus driver. An officer does not necessarily have to witness the incident. If push comes to shove and there was a trial the bus driver would be called as a witness.

Given your history a plea bargain may be arranged with the prosecutor. There should be an arraignment scheduled in your case - deals can be worked out then or a not guilty plea could be entered and then a deal worked out at a pretrial conference. It is wise to meet with an attorney to examine the details of your case and proeprly advice you. Thank you for your e-mail and good luck to you.

Ronald J. Lundquist Esq.

651-210-3105

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Answered on 9/23/03, 5:16 pm


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