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Researching PA law for citing someone for passing school

Customer Question
Hi. Researching PA law for...
Hi. Researching PA law for citing someone for passing school bus.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: PA
JA: Has anything been filed or reported?
Customer: Not yet. The car is registered to me (51 year old female). School bus driver wrote it was a young male. I have two sons. But the police just stopped here and talked to my one son.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: young male driving...
JA: Anything else you want the lawyer to know before I connect you?
Customer: both sons currently state it wasn't them. I am trying to understand how if it could have been multiple people but is my car, how do they prove that? In PA it is a 60 day suspension, points, fine...
Submitted: 1 year ago.Category: Traffic Law
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Answered in 21 hours by:
10/9/2016
Traffic Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 4,295
Experience: 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Traffic Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The penalties for passing a school bus improperly are as follows:

Driver is guilty of a summary offense;
$250.00 fine;
60-day license suspension period; and
5 points added to driver’s license

This does not mean that one will receive the maximum penalty. If you or your son have received the citation you should follow the directions on the back and appeal the citation. YOu have to pay the fine upfront, but you will have a hearing before the local district justice.

The police must prove who was driving if they did nit actually see the violation themselves they will need a witness. Unless your son admitted to the police officer that he was driving the bus driver will need to testify. This is not likely to occur.

If the police do have a witness you can still argue as to their identification of the driver OR you can negotiate a reduced violation.

Here is the law on the subject:

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=33&sctn=45&subsctn=0

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 year ago
Thank you for your reply. As I mentioned, I have two sons that could have been driving. Occasionally their friend drives it as well. My one son spoke with the officer and stated he was not the driver and the other son did not speak to the officer. I think I am trying to understand how they would actually legally be able to cite one son or the other without an admission of guilt and the fact the school bus driver only had the vehicle license and said the driver was male. Can they randomly select one son to cite over the other and is that legal ? My son did provide his name as well as his brothers. He said he felt obligated to. The school bus driver noted "young male" but they are both young males. Obviously if they send the citation in my name, I feel I can reasonably fight this as I am not a young male, (and I will hire an attorney should a citation come). It was my understanding (and of course I am not a lawyer) that the citation would be sent to the registered vehicle owner (is that correct?) so how would it be legal for them to cite one son without further evidence when they both drive the vehicle other than the school bus driver saying it was a male? I understand I may be stressed about nothing as the citation has not been cited yet, but I appreciate your help.
Traffic Lawyer: Gerald, Esq, Lawyer replied 1 year ago

The police officer is taking a lazy approach in the hopes that you will not contest the citation (if one is issued).

The majority of people do not want to take the time and effort to fight these things so they take what appears to be the easy route and submit.

In order for the citation to be supportable they must have evidence. The police officer can not testify about what the bus driver said. That is 'hearsay." So unless the bus driver testifies and says it was this person or that person the matter should be dismissed.

Remember they must PROVE who was driving. You do not.

Kind regards,

Gerald

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Customer reply replied 1 year ago
Thank you very much. I appreciate your help.
Traffic Lawyer: Gerald, Esq, Lawyer replied 1 year ago

You are very welcome. Good luck.

Kind regards,

Gerald

(Please do not forget to rate me. It adds nothing to your costs but it helps me greatly. Thank you.)

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