Passing a stopped school bus is a serious traffic violation that carries hefty fines, potential license suspension, and even criminal penalties in some cases. School bus safety laws exist to protect children as they enter and exit buses, and violations are strictly enforced in Oklahoma and across the U.S. If you have been cited for illegally passing a stopped school bus, it is essential to understand the charges, penalties, and potential defenses to protect your driving record and avoid severe consequences.
What Is Illegal Passing of a Stopped School Bus?
Under Oklahoma law, drivers must stop when a school bus is loading or unloading passengers and has its flashing red lights and stop arm extended. This law applies whether you are:
- Driving behind the bus.
- Approaching the bus from the opposite direction on an undivided road.
- On a multi-lane road without a median.
You do not have to stop if:
- You are traveling on the opposite side of a divided highway (with a median or barrier).
- The bus is on a private road or driveway, and you are on a separate roadway.
What Are the Penalties for Passing a Stopped School Bus?
If you receive a citation for passing a stopped school bus, there are a few possible penalties, such as:
A. Traffic Violation and Fines
If cited, you may face:
- A fine of up to $1,000 for a first offense.
- Increased fines for repeat offenses.
- 4 points on your driving record.
- A potential driver’s license suspension for multiple violations or unpaid fines.
B. Criminal Charges for Reckless or Dangerous Driving
In aggravated cases, such as when a driver injures a child or recklessly endangers others, the offense can lead to:
- Reckless driving charges, which carry higher fines and possible jail time.
- Vehicular manslaughter or negligent homicide charges if a child is killed.
C. Increased Insurance Rates
A conviction for illegally passing a school bus can result in higher auto insurance premiums or even policy cancellation.
Defenses Against a School Bus Violation Charge
If you receive a citation for illegally passing a stopped school bus, you may have legal defenses, including:
- Lack of Proper Signaling – The school bus failed to activate its flashing lights or stop arm.
- Divided Highway Exception – The road had a physical median or barrier separating traffic.
- Obstructed View – Trees, other vehicles, or poor visibility prevented you from seeing the stopped bus.
- Emergency Situations – You had to pass due to an emergency or law enforcement direction.
While these are some possible defenses, your attorney can look at the details of the case and craft the defense that will be best for your situation.
Tulsa Traffic Ticket Attorneys
Passing a stopped school bus is a serious traffic offense that can lead to fines, points on your license, and even criminal charges in Oklahoma. Protecting children’s safety is the priority, and understanding school bus laws can help you avoid costly mistakes. If you have been cited for this violation, call our team at Tulsa Criminal Lawyers at (918) 416-0358 or contact us online.