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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14461
Experience:  15 years exp all aspects of general law
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I accidently drove through a shool bus stop sign arm extended

Customer Question

I accidently drove through a shool bus stop sign arm extended with school children present in St. Paul, MN
Submitted: 2 years ago.
Category: Legal
Expert:  Legalease replied 2 years ago.

Hello there

 

Did you receive a ticket for this? Do you have a specific legal question?

 

 

--MARY

Customer: replied 2 years ago.
I am waiting for a citation in the mail. I was exhausted and failed to stop- I am working 2 jobs
Should I plead guilty? Don't know if it was caught on tape or just repoted by school bus driver. No police present . Receoved letter in mail asking me to explain details of what happened
Customer: replied 2 years ago.
Should I plead guilty. I did drive through the stop sign but was exhausted from working 2 jobs. I can't do jail time- Citation in coming in the mail. No police were present. Don't know if it was caught on tape or reported by school bus driver. I am terrified. On meds for anxiety.
Expert:  Legalease replied 2 years ago.

Hello there

 

Unless you have a large prior criminal record you are not going to jail for this -- but if it was caught on camera and you receive a fine it will be in the nature of $500 and your insurance policy will increase for 3 years because of additional points that will be added for a moving violation. Typically there is no excuse and no reduction in a ticket for a school bus violation (these are taken very seriously) so you may simply want to pay the fine and plead guilty if they are not intent upon throwing the book at you and trying to push for jail time.

 

--MARY

 

 

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14461
Experience: 15 years exp all aspects of general law
Legalease and 14 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Why would my lawyer tell me to plead not guilty? Will the penalty be worse if I plead not guilty and they have evidence that I am guilty?? This happened in St. Paul ,MN. A few months ago a child was killed by a driver that failed to stop at a school bus stop sign. So are you sure about no jail time? The only thing I ever received was failure to yied (move over ) to a police officer's siren this same year; I couldn't get over without hitting a car, but they didn't care so I paid the ticket.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Find out why a lawyer suggested I should plead not guilty when they have evidence against me. Won't that increase the penalty if they prove me guilty?
Expert:  Law Educator, Esq. replied 2 years ago.
Your attorney told you to plead not guilty despite the evidence so he can negotiate with the prosecutor after the plea to make a deal for you and minimize your fine and get a plea agreement. This is a common practice of attorneys and it is how deals are made. The penalty could be worse if you go to trial, but the chances are the attorney will get you a deal well before going to any trial.
Customer: replied 2 years ago.
Mary (above ) said" typically there is no excuse for this and no reduction for the school bus fine." Mary is saying there is no negotiating on this type of violation. So why am I getting a different answer from you? This is why I am so confused, I have people saying I will go to jail and others saying no you won't. Hep! What are the facts.
Expert:  Law Educator, Esq. replied 2 years ago.
That does not mean your attorney will not seek to negotiate some deal with the prosecutor and he will do that after you enter your plea of not guilty. Just because you enter a plea of not guilty at arraignment does not mean your attorney cannot later change your plea before a trial. While the maximum penalty for this can include jail, I can almost assure you 99% that people do not get put in jail for this offense without some injury involved to a child, they simply do not have sufficient jail space and a fine is typically all that is issued. Just because you enter an initial plea of not guilty does not mean it cannot be later changed and this will not make the court issue a harsher fine for doing so. Give your attorney a chance to negotiate and see the evidence before jumping to conclusions about what is going on here.
Customer: replied 2 years ago.
Thank you for the assurance of not going to jail but why was Mary so sure this was an un-negotiable offense?
Expert:  Law Educator, Esq. replied 2 years ago.
I cannot speak to what she was thinking or why she said it is wholly non-negotiable. In reality, every charge has the potential of negotiation and it depends on your attorney's skill and professional relationship with the court and prosecutor as to what type of deal he can get. Thus, if your attorney is telling you to plead not guilty, you hired him for his expertise and to not follow his directions is wasting money on your attorney.
Expert:  Legalease replied 2 years ago.

Hello again

 

I had just noticed that this was relisted -- my comment that it was "non-negotiable" was regarding the fine that comes along with getting a ticket for driving by a school bus. When you receive the citation there will either be a fine amount on the ticket or you will have a court date and a fine will be assessed at the court date. Many people go to court thinking that they can get a fine significantly reduced or even thrown out and it has been my experience that in situations with school bus tickets -- whatever the statutory amount for the fine is the court will not reduce it simply because of the type of ticket it is. At this point you are not even sure what the citation will say and so the safest route is to plead not guilty at first and depending on the charges your lawyer will negotiate the best deal that he/she can for you here. Because you have no real prior record, driving or otherwise, I do not believe that there will be jail time involved -- but there could be some community service or traffic school and a fine (which I do not believe will be very negotiable)-- and that is where your attorney comes in -- to work the best deal that he can get for you under the circumstances. I did not mean to alarm you and I apologize for the wording choice but I was referring to the fine itself initially.

 

--MARY

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