Greensboro traffic lawyer explains trial strategies for Passing A Stopped School Bus:
Without the opportunity to petition the court for a PJC, there is very little reason to ever enter a plea for this charge. There is, however, ample opportunity to successfully defend your client. First and foremost, the State must be able to get all of their witnesses in court. Often, civilian witnesses are needed, or the bus driver him or herself may not be available. Pay special attention to the definition of “school bus”; the State must prove each and every element, including paint color, specific identifier markings, lights, visible stopping arm, etc. Prosecutors and testifying officers often overlook N.C.G.S. § 20-4.01(d4), relying only on N.C.G.S. § 20-217. Both relate essential important definitions. Private or parochial school buses may have different paint jobs or markings than the statute requires. Can the witnesses testify that both the front and back flashing lights were working from their vantage point? If there is video evidence, can the State lay a proper foundation to enter it into evidence?
Check the road itself: it is not a violation to pass a school bus, traveling in the opposite direction, when there is a physical barrier between the two roadways, or when there is a turning lane and the roadway consists of four additional lanes.
If you have trial questions, contact the trial attorneys at Garrett, Walker, Aycoth and Olson at 336-379-0530 today!