Failure to stop for school bus help!!

[evasive]

I pulled out of my drive way and proceeded to drive half a block. A school bus stops directly in front of me. The on bus stop sign retracts. The bus driver first exits the bus and stands in the street with a stop sign. I patiently wait. All kids are off. the bus driver then proceeds to get back in the bus. I slowly and cautiously pull up to the side and stop. then proceed. A cop on the left side pulls me over 2 mins later it is a female rookie being trained by a 5 year veteran (I know the cop). He claims that the sign was not fully retracted when i took off. The cop put this on the ticket "22450(a) failed to stop for pupil bus stop sign"

1) This is what 22450(a) actually reads. "The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway."

2) This is what she should have put on the ticket "VC 22454(A)" -Passing a school bus with flashing red signals.

VC 22454(A) = $616 22450(A)= $214

Will this case be dismissed due to the fact that she put the wrong VC on the ticket?

 

[CdwJava]

If the officer fails to amend the citation prior to the court date, then if it goes to trial you should prevail without breaking a sweat as the state would have to prove the presence of a stop sign at an intersection. Assuming you did not run a stop sign, you should be okay.

But, if the officer properly amends it prior to court (arraignment), then you may be out of luck.

 

[mightymoose]

Even if the officer amends the citation you can still go to court and plead your case. If the officer does not show up then you will not have to pay, and if he does then you will have opportunity to address your concerns- and the judge could always decide on a lower fine or dismiss anyway.