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Lucy, Esq.
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I got TWO citations ($300 each) for the School Bus Stop Arm

Resolved Question:

I got TWO citations ($300 each) for the School Bus Stop Arm Program VIOLATION (i.e. I passed two school buses at the same time with stop sign out).
I don't mind paying for one citation ... as it did occur. But there were two busses (one behind the other). Is there any way to dispute the second citation or get it reduced?? It just seems overkill to pay two $300 fines. I honestly didn't see the stop signs. I thought the busses were just parked and there were no kids loading or unloading.
Advise ... do I have a case to get the second citation cancelled or the fine reduced?
Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Technically, since there were two buses, two tickets are appropriate. However, if you go to the traffic court and talk to the DA, you may be able to convince him to dismiss one ticket in exchange for a guilty plea on the other. If the red lights were not flashing, that could help.

Just be aware that he would be doing it as an accommodation or a courtesy, and not because of any law that would require him to do so. Legally, if you forced them to go to trial, you would have to pay both tickets unless you could prove that one or both buses actually did not have the stop sign out. It's your word against the bus driver's, which makes it difficult. But, usually, if you go in and try to negotiate, the DA will work with you.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thanks for the info and guidance.

Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. I hope it works out for you.
Customer: replied 1 year ago.

sorry -- I do have one more question. If I do decide to request a dispute hearing -- in hope i can get one of the tickets dismissed or reduced, do I pay a fee for that hearing?

Expert:  Lucy, Esq. replied 1 year ago.
A dispute hearing isn't about getting a ticket dismissed or reduced. A hearing is when you go before the judge. The judge has to apply the law. To try to get it reduced, you go to the courthouse and ask to talk to the district attorney about the ticket. The DA is the one with discretion to reduce or dismiss a ticket. They do this before a hearing is scheduled in most cases.

Every county has their own procedures. Look at the information that came with the ticket. If it doesn't mention a hearing fee, there shouldn't be one. However, you can call the county traffic court to ask them directly.
Customer: replied 1 year ago.

Contesting Violation Form

Customer: replied 1 year ago.

I just sent you a copy of the Denying Liability of Violation insert with my options. It says I would have to request an admin adjudication hearing.


It does not mention talking to D.A.


 


What should I do?

Expert:  Lucy, Esq. replied 1 year ago.
The way to ask for one of the tickets to be reduced or dismissed is to go to the courthouse in person and talk to someone. You would take that form with you, not return it. If you use those options to request a hearing by mail or in person, then it is not likely that you could reduce the fines or get one ticket dismissed. The reason that the DA tends to reduce fines is to encourage people to plead guilty and avoid a hearing. If you're requesting a hearing, they have no incentive to work with you and usually will not.
Customer: replied 1 year ago.

Ok ... thank you.

Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Good luck.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 21077
Experience: Lawyer
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