Passing a school bus while children are loading or unloading is a form of reckless driving in Virginia. There is also a non-criminal version of the passing a school bus law as well as the criminal reckless driving version.
The reckless driving version of this crime is found in Va. Code 46.2-859. If you summons says “46.2-859” you are charged with the criminal version of passing a school bus.
In order for a driver to be guilty of reckless driving passing a school bus the school bus must be properly marked and labeled. This means that the red lights (not just the amber lights) were flashing when the driver passed.
A common defense to this type of reckless driving is when there is a divided median. Whether it is concrete, grass or a fence, if you passed a school bus on the opposite side of a divided median than you are not guilty of reckless driving under 46.2-859.
Penalties for Reckless Driving Passing a School Bus (46.2-859)
Reckless Driving Passing a School Bus comes with up to 6 month loss of license, up to 12 months in jail and a maximum fine of $2,500. Conviction will result in a permanent criminal record that cannot be expunged. However, these extreme maximum penalties are unlikely for most people charged with this offense as long as they take their defense seriously. Always talk to a reckless driving attorney if you are charged with this offense. Call the law firm of Nichols & Green pllc (703) 383-9222 for a free consultation.
Call Nichols & Green pllc for Free Consultation if You Are Charged With Passing a School Bus.
If you are charged with passing a school bus and you want to avoid these serious consequences call us today for a free consultation. During your consultation we will be happy to talk to you about what defenses you may have, what you can do to prepare for your case, the likely outcome of your case and give you our exact fee for your case.
Mr. Nichols has made reckless driving and Virginia driving law the focus of his practice. Mr. Nichols has written several books on Virginia traffic laws including The Virginia Reckless Driving Handbook (3rd edition).
Mr. Green has been practicing law in Virginia for over twenty five years. Mr. Green has defended hundreds of drivers accused of reckless driving and he is widely respected by his peers.
If you have been charged with reckless driving for passing a school bus Mr. Nichols and Mr. Green will be happy to share their knowledge and experience with you. Call anytime for free consultation in person or by phone.