Iowa  |  Traffic Law

Legal Question

Asked on: 5/15/13, 9:50 am

My 14 year old son was driving to school on a school permit when he encountered a school bus. He swears the lights were amber, the driver says he ran the arm. I asked for the video from the bus and was told later the video had not been working on the bus for some time. On the day of the incident, there happened to be a police officer in the parking lot due to an accident and the Superintendent asked him how to proceed at which time my son was issued a citation to appear in court.

Since this is based on hearsay, is the citation valid? Also, Iowa code 321.372A states the bus driver or the school official needed to report the incident in writing within 72 hours, also the public safety officer needed to investigate within 7 day and neither of these have been done. Due to that, would we have a case to have the citation dismissed or even my son to plead not guilty to the citation? Any assistance would be greatly appreciated!!!

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