Legal Question in Traffic Law in Pennsylvania

My wife has an upcoming court date regarding an accusation that she passed a school bus with its red stop lights activated. She is positive that she is innocent. I have three quick questions about this incident:

First, is there a way to tell whether or not the school bus was equipped with a surveillance camera so that we're not surprised by that in court?

Second, 75 Pa. Cons. Stat. � 3345 �� a.1 states that the school bus driver's report must be submitted to the police "within 48 hours after the violation occurs." Is this 48 ACTUAL hours or 48 "business hours." i.e., if an incident occurred at 4:00pm on a Friday, does the bus driver have until 4:00pm Sunday or 4:00pm the following Tuesday to submit his or her report?

Finally, 75 Pa. Cons. Stat. � 3345 �� a states that a driver must stop AT LEAST "ten feet before reaching the school bus when the red signal lights on the school bus are flashing." �� b states that a driver is to proceed with caution if the amber lights are activated. What is a driver's duty if he or she is proceeding with caution while the amber lights are activated and the red lights BECOME activated when the driver is within ten feet of the school bus or has already reached it?

Thank you in advance for your help!


Asked on 1/31/11, 9:41 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

First, I would suggest you retain a lawyer ton appear at the hearing with your wife. It is my experience that a represented defendant gets somewhat better treatment by the District Judge, if a lawyer is present. This is a serious charge and carries a possible 60 day suspension and 5 points. It will also likely cause your insurance rates to rise. It is worth a couple of hundred dollars to have a lawyer with her at the hearing.

As to your questions 1) I do not know if the school bus had surveillance cameras that would pick this up. A lawyer will contact the arresting officer to determine if such surveillance tapes exist.

2) The 48 hour reporting requirement is actually 48 hours. The police are open 24 hours a day. This, however is a technicality, and while the Court may use a violation of this rule to void the citation, he may just as likely not. If he doesn't void the citation and your wife loses, you would then be left with a possibility of an appeal to Common Pleas Court, which will end up costing a lot.

3. Finally, with respect to beginning a pass with flashing amber lights, Section 3345 (b) provides as follows:

Duty of approaching driver when amber signals are

flashing.--The driver of a vehicle meeting or overtaking any

school bus shall proceed past the school bus with caution and

shall be prepared to stop when the amber signal lights are

flashing.

This is certainly a possibly defense for your wife.

It sounds like the case could go either way. At the hearing, your attorney will have the opportunity to meet with the arresting officer and possibly work out a "pleas bargain" where your wife pleads guilty to a no-point offense, and simply pays the fine.

A 60 sispension and 5 points is a lot to risk, and while no one can guaranty the outcome, it certainly is to our advantage to have an attorney on your side at the hearing.

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Answered on 2/02/11, 7:58 pm


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