EDMUND MICHIE, ESQ. ∣ 30+ YEARS EXPERIENCE; CRIMINAL, TRAFFIC, DUI, WORKERS’ COMP ∣ CENTRAL VA
  • Home
    • Do You Need a Lawyer for "minor" criminal or traffic cases?
  • Legal Services
    • Workers' Compensation
    • Criminal Law >
      • Abusive Language
      • Assault and Battery
      • Disorderly Conduct
      • Drug Possession
      • Larceny / Shoplifting
      • Obstructing Justice
      • Violating Court Requirements
      • Other Common Criminal Charges
    • DWI / DUI / DUI Drugs >
      • Other Alcohol Offenses
    • Traffic and Motor Vehicle Cases >
      • Driving Suspended, Revoked or as H.O,
      • Eluding Police
      • Fail to Yield
      • Hit & Run / Leaving Scene
      • Passing School Bus
      • Reckless Driving
      • Speeding / Speeding Reckless
      • Trucker Violations
      • Other Traffic Violations
    • Restoration of Rights >
      • Driving Privileges
      • Expungements
      • Gun / Firearm Rights
    • Personal Injury / Auto Accidents
  • About
    • Reasonable Fees and Free Consultation
    • Service Area >
      • Albemarle County Courts
      • Charlottesville City Courts
      • Fluvanna County Courts
      • Greene County Courts
      • Louisa County Courts
      • Madison County Courts
      • Nelson County Courts
      • Orange County Courts
      • Waynesboro City Courts
  • Contact
  • Blog
Picture Edmund R. Michie, Attorney at Law

Ned Michie
​Attorney at law

Charged with

​Passing a School Bus?

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​

​
​(434) 296-1198
Call
Personal Attention to Every Case
​Representing Central Virginia Clients 
​for Over 30 Years
Experience Matters
I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Passing a Stopped School Bus

The outcome of all traffic cases
can be greatly affected by:


Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS 

(follow the link to learn more)

Reckless Passing of a Stopped School Bus

​Va. Code § 46.2-859 states as follows:

     "A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
​
    The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
​
Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 2001, c. 126; 2002, c. 541; 2011, cc. 325, 326."  (emphasis added)
Penalties
       As described on the reckless driving page, the judge is given a wide range of punishment possibilities in reckless driving cases, but in a "run of the mill" case where no child was significantly endangered, the judge may just stick with a fine if the defendant is convicted.
Virginia DMV Points - As with other reckless driving convictions, a conviction of this offense carries 6 negative points, and of course DMV can add additional penalties -- including license suspensions -- if a person has a bad record.

Non-Reckless Passing of a Stopped School Bus

There is, however, a much "friendlier" way cases of passing a stopped school bus can be handled. Under Va. Code § 46.2-844, the court, upon a finding of guilt, simply imposes a civil penalty of $250 (plus court costs). The proof required is essentially identical to the reckless driving version, but this code section can be used as an alternative by the police, prosecutor, or court where the endangerment to children was not especially high. Using this statute also can be a benefit to the prosecutor in that it (unlike the reckless version) creates a rebuttable presumption that the registered owner of the vehicle was driving at the time of the offense.  This is also the section that is likely to be used where the bus is equipped with a camera managed by a private company.  
Penalties
​     Under this code section, the judge is limited to a $250 fine (plus court costs).
Virginia DMV Points -  these convictions generally lead to 4 negative points from the DMV, and of course DMV can add additional penalties -- including license suspensions -- if a person has a bad record.

Appointment Times and Places

​Are Set For Your C
onvenience

    I've joined the modern movement of using a home office, which allows me to charge more reasonable rates than traditional law offices.  Who do you think is ultimately paying for an attorney's office rent, secretaries, and paralegals? -- you, the client.  When you call my office for an appointment, you will talk to me directly and we will mutually agree on a convenient time and place to meet, which for most clients is not in downtown Charlottesville where parking can be a headache.  
​
    Unlike some lawyers, I will not pressure you to hire me.
It is an important decision, and it is worth taking the time to make the right choice.

     I also will not give you unrealistic promises about how your case will turn out.

​It is always my goal to give you my honest opinion about the good, the bad, and the ugly of your case.
For a free consultation and/or to set up an appointment: 
Contact me.


(Click here for ore information about the consultation and fees)
​
​Edmund "Ned" Michie

Ph (434)296-1198


E-mail Contact

Mailing Address
(For All Business Correspondence)
P.O. Box 11
Charlottesville, VA 22902


Physical Home Office Address
1704 Concord Dr.
Charlottesville, VA 22901
(No Client Meeting Space)
Website's Legal Information:  

     The information provided on this website is public and is for general informational purposes only. It is not legal advice or counsel for any person's individual situation and should not be used as such. Mr. Michie is licensed to practice law only in the Commonwealth of Virginia, and all general legal information contained herein is applicable only in Virginia.    

      The information on this website does not establish any form of attorney-client relationship with Mr. Michie, nor does it create any implied contract or warranty.

     The legal information, the quoted Virginia statutes, and other legal references are checked and updated periodically, but the law changes constantly  -- which is another reason that actually retaining a lawyer is important.

    The latest version of laws can be found on primary Internet sources. (For example, the current versions of Virginia Statutes are available at the Va. Legislative Information System.)   
Keep in mind, however, that the most current version of a statute
​may not even be the version applicable to your case.

While we attempt to maintain the information on this website as accurately as possible, ​this information may contain errors or omissions, for which we disclaim any liability.


Please call Mr. Michie directly  at (434) 296-1198 if you have legal issues he may be able to help you with.  


Privacy
​

​​      Mr. Michie does not collect any identifiable personal information from you by your use of this website, unless you voluntarily choose to submit or otherwise disclose such information to him, including information submitted or disclosed by e-mail, filling out the embedded contact form, snail mail, telephone, fax, or other methods.  
​
    ​If you choose to communicate directly with Mr. Michie, all information you share is kept confidential per Legal Ethics Rules.  Mr. Michie may retain for his own records the content of your communication,
along with your contact information and any responses.

    The website collects general information about site traffic in order to make improvements to it. ​
  • Home
    • Do You Need a Lawyer for "minor" criminal or traffic cases?
  • Legal Services
    • Workers' Compensation
    • Criminal Law >
      • Abusive Language
      • Assault and Battery
      • Disorderly Conduct
      • Drug Possession
      • Larceny / Shoplifting
      • Obstructing Justice
      • Violating Court Requirements
      • Other Common Criminal Charges
    • DWI / DUI / DUI Drugs >
      • Other Alcohol Offenses
    • Traffic and Motor Vehicle Cases >
      • Driving Suspended, Revoked or as H.O,
      • Eluding Police
      • Fail to Yield
      • Hit & Run / Leaving Scene
      • Passing School Bus
      • Reckless Driving
      • Speeding / Speeding Reckless
      • Trucker Violations
      • Other Traffic Violations
    • Restoration of Rights >
      • Driving Privileges
      • Expungements
      • Gun / Firearm Rights
    • Personal Injury / Auto Accidents
  • About
    • Reasonable Fees and Free Consultation
    • Service Area >
      • Albemarle County Courts
      • Charlottesville City Courts
      • Fluvanna County Courts
      • Greene County Courts
      • Louisa County Courts
      • Madison County Courts
      • Nelson County Courts
      • Orange County Courts
      • Waynesboro City Courts
  • Contact
  • Blog