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Trial Lawyer
Trial Lawyer, Attorney
Category: Traffic Law
Satisfied Customers: 26
Experience:  Has practiced law for more than 10 years
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My name is faith and live in des moines iowa. I got reported

Customer Question

Hi, my name is ***** ***** live in des moines iowa. I got reported by iowa school bus driver for passing the school bus during stop. The law is that the bus reports to the police and the police issues a citation. The truth is that yes there was a stop sign but at the time when it was extending the arm, i was also passing. The school bus driver honked at me for almost 3 seconds, i guess in rage, but turned around and stated that he honked at me to try to get me to stop, but i did not- which is a complete lie. He also tailgated me after that, i guess to get more details of the driver and car. My court date is set for the 19th november. Do i stand the chance of winning this case? The consequences are pretty harsh in iowa. I would love to get additional legal help. my cell is(###) ###-#### *****
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Trial Lawyer replied 1 year ago.

If the bus driver comes in to testify to what occurred, it willbe important to emphasize that you were never behind the bus and thusly could not have seen the early stop flashers as you were passing.

Also, if the policeman attempts to indicate anything told to him by the bus driver, i would object based upon hearsay and your inability to confront the bus driver (this is known as the 6th Amendment right to confront witnesses)

Expert:  Trial Lawyer replied 1 year ago.

Please don't forget to rate me, i wish you the best of luck!

Customer: replied 1 year ago.
Sorry I may not have made it clear, the street was a four lane.. And was heading the same direction with the bus except the arm extended as I was passing so would not have really have enought time to come to Come to a complete stop safely... If I could have attempted it.. I would have stopped ahead of the bus anyway still. Anymore advise please. What do I need to mention to stand the chance of beating the case ?
Expert:  Trial Lawyer replied 1 year ago.

This falls under the emergency doctrine. Essentially, state it exactly as you have here. But remember that busses stop slowly and yellow and red lights flash before they stop.

It will be critical to your decense that you were not at an angle where you could see the back of the bus when it began to slow

Customer: replied 1 year ago.
Ok thanks for your advise. Is it okay to mention to the judge that the road was a four lane.. Which by law no children can cross a four lane without a school crossing?
Expert:  Trial Lawyer replied 1 year ago.

The judge may not like being lectured on the law, but that's a judgment call. Check out this link to help you understand what not to say

http://www.iowadot.gov/schoolbus/requiredstopping.html

Customer: replied 1 year ago.
Got it.. Thanks so much again !
Expert:  Trial Lawyer replied 1 year ago.

My pleasure. Good luck

Expert:  Trial Lawyer replied 1 year ago.

Was there anything else? Id be greatful if you could indicate your acceptance so that i can take the next inquiry