Legal Question in Traffic Law in Virginia

Passing A School Bus

I was recently given a citation (46.2-

859, passing a stopped school bus) in

Virginia. The bus was not stopped

but it had it's flashing yellow lights

on. I was about 20 feet away from

the bus and the driver maneuvered

in a way that it looked like it was

going to make a left turn, (turned

out that he was just backing up to

get closer to the curb) so I told the

officer that I was confused he

stopped me. My court date is in two

weeks, and I don't know what to do.

I have a clean (+5 points) driving

record and this is my first offense. I

intend to contest this as the law I'm

charged with states that ''... any

school bus which is stopped...''; and

as I've mentioned it hasn't and was

not stopped. What's my chances of

getting this dismissed? Thanks for

your help.


Asked on 2/21/09, 9:00 pm

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

Re: Passing A School Bus

Could me pretty good (not necessarily of getting it dismissed), but winning, perhaps, after the trial of the case(if the prosecutor assigned opts not to dismiss it and decides to go forward).

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Answered on 2/22/09, 12:53 am


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