Legal Question in Traffic Law in Virginia

Today I was dropping my girlfriend off at school an hour and a half late. The street is a one way street, with plenty of room for passing vehicles that are stopped. There was a school bus (with its stop sign out and red lights on) in front of the school unloading passengers who had come from another area. I waited behind the school bus as all the passengers went into the school.

The bus was now waiting for students to board to leave the school, but the bell to release the students wasn't going to ring for 5 more minutes. I assumed it would be all right to go around and not wait 15 minutes, since there was no one outside (and wouldn't be for 5 more minutes) and the bus was just sitting there with its stop sign out. As I was passing the bus, the driver made a motion, which I did not clearly see as I was focusing in front of me, that I assumed was a signal that it was all right to pass. I then pulled over in front of the bus to drop my girlfriend off, and the bus driver ran out, saying he was calling the police about illegally passing the bus.

I know it's illegal to pass a bus with its stop sign out, but there was no one coming, and I had thought the bus was "parked." Furthermore, other buses I've seen retract their stop signs while waiting for the next batch, so I was confused about what was going on. Also, I really thought the driver was giving me a passing motion, when now I'm thinking it was a pull over motion.

So I'm just wondering if any of this will stand up in court, or if the circumstances are reasonable enough to get the charges reduced or dismissed. Thanks.


Asked on 2/22/10, 8:09 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, assuming that you were formally charged with the reckless driving offense (criminal misdemeanor) of passing a stopped school bus with its stop signs deployed along with flashing red lights, you should go to traffic court on

the morning scheduled for the hearing and discuss the matter before court begins with the local prosecutor assigned to the case, and, if he or she refuses to drop the charge or offer a plea to a reduced charge(traffic infraction), then you

should plan to ask the court for a continuance in the case so that you can hire an attorney to represent you.

Under no circumstances should you agree to plead guilty to

a charge of reckless driving for this particular offense.

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Answered on 2/27/10, 10:48 am


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