Cincinnati, Ohio area failing
to stop for a school bus defense traffic court lawyers
§ 4511.75. Stopping for stopped school bus
You are traveling along minding
your own business. Somewhere in front of you or in your area is a school bus.
Suddenly without warning it stops, the stop signs swing out and the lights
start flashing red. You would stop if you could but you cannot safely do so
as you are right on top of it and it would require slamming on your breaks
in traffic. So you continue. Next thing you know you are being pulled over
by the police – and there is no correct answer to the officer’s question “do
you know why I stopped you…” You are going to get a ticket.
It has been the experience of
our Hamilton and Clermont County, Ohio traffic court lawyers that this is
one of the most over enforced of the Ohio traffic laws. What’s worse, many
prosecutors and courts have a “no plea bargaining policy,” which means you
must plead guilty “as charged” or take the case to trial. In addition, the
state statute PROHIBITS pleading guilty by mail. This means that if
you are an out of area motorist you must come back to the area to appear in
On all points our Warren County,
Ohio traffic court lawyers can represent you. Despite the fact that you may
have actually passed the bus there are numerous defenses available to you.
We can fully prepare a proper defense for your trial and appear in court for
you under an authorization to appear and plea so that you do not have to personally
come back to court.
Under Ohio § 4511.75 a motorist
meeting or overtaking….any school bus stopped for the purpose of receiving
or discharging any school child… at least ten feet from the front or rear
of the school bus…
While it is not a defense that
the bus failed to display or be equipped with an automatically extended stop
warning signs, it is a defense that the bus was in designated school bus
loading area and entirely off the roadway, or at a school building and loading
or unloading at curbside. Further, it is a defense to the charge that the
summons was issued on a highway that is divided into four or more traffic
lanes and the motorist was approaching from the opposite direction.
Often times our Cincinnati,
Ohio traffic court lawyers build a defense around not the statutory defenses
but the common law defenses of “impossibility” or “necessity.” In the law,
there is a legal excuse and affirmative defense that it was either impossible
under the circumstances to comply with the statute, or it was safer to violate
it then comply (i.e., that it was a legal “necessity” to violate the statute).
Fines and sentences
Upon a plea of finding as guilty
“as charged” the fine is as much as $500.00, and it is in the court’s discretion
to suspend the driving privileges of the motorist. In addition to the punitive
penalties, passing a stopped school bus in violation of § 4511.75 is a major
insurance merit system violation which will cause a 3 year premium increase.
You have defenses – You have options
– Don’t plead guilty “as charged” – Don’t go it alone – Contact us today
If you received a ticket for
passing a stopped school bus, Ohio § 4511.75, anywhere in the Cincinnati area,
contact our Dayton, Ohio traffic court lawyers today. We service Butler County,
Warren County, Clinton County, and Brown County, Ohio. Our traffic court lawyers
and attorneys service the City of Cincinnati, Ohio, as well as Preble County,
and Montgomery County. We provide a no cost, no obligation phone consultation.