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[AR] Is it worth hiring a lawyer to fight a ticket for passing a stopped school bus?
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Do I need a lawyer present with me in court for the following citation I am trying to dispute? The incident is as follows:
I understand that dealing with a citation can be stressful. Can you please share what type of citation you are trying to dispute?
Traffic violation.
Have you already received a court date for this citation?
Yes.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your traffic violation.
No.
Which state are you in?
Arkansas.
Hi there, thank you for your question. I'm Scott, a Lawyer here on our service. A good question, no doubt. A person can always represent themselves in a traffic court case. Based on the nature of the offense, the outcome might not be much different, or different at all, between representing oneself and hiring an attorney.
Arkansas. Hi, thanks for your help. May I give you the run down on the exact scenario? I'm just curious as to whether or not I should have legal representation with me on the day of court.
Sure. Go right ahead.
The scenario is as follows:
I was driving down a 4 lane highway in a rural town. I was stopped at a red light. Once green, I proceeded at a slow rate of speed (no more than 20 mph), headed south, in the farthest lane to the right. Ahead of me, approaching in the opposite direction was a school bus, in the farthest left lane with the door of the bus opening to the curb of the closest lane in which the bus was in. The lights were flashing, and the STOP arm was out, but the bus was not at a complete stop. There was a police officer escorting rear of the bus. All of the traffic in my direction continued to proceed thru the green light. Not one vehicle stopped. The police officer turned around and proceeded to flash his lights behind me. In the meantime, another vehicle had passed me at a higher rate of speed than myself, so assuming the officer was pulling that vehicle over- I veered into my second lane to allow the officer to pass me and trail the vehicle in which I assumed he was attempting to pull over. Ultimately, he flagged me down as well, and pulled us both over. He ticketed me for not stopping for the school bus. There was also a median in said highway. Not one of grass, but a turning lane. So, essentially 5 lanes between the bus and me, and we were in complete opposite directions. I had no idea I was expected by law to come to a complete stop in this given scenario. I'd never not stop for a school bus with children present and frankly, I don't want a citation such as this on my record. What are your suggestions? I'm also a healthcare professional. Isn't this type of ticket considered a felony??
No, that type of ticket is not a felony. It is a misdemeanor offense. It's generally a good idea to have a professional working on our behalf. Be it a plumber, a mechanic, an electrician, or an attorney. So, if someone has the financial means to hire an attorney, it is not a bad idea. But the impact, the benefit, here might not justify the costs.
Is it worth attempting to dispute in court? Court date is in June. I have already plead not guilty in the arraignment hearing.
Probably not. You are describing a pretty cut-and-dry violation. Under Arkansas's school bus law (AR Code § 27-51-1004), when a school bus stops and displays its red warning lights to load or unload passengers, drivers approaching from any direction must come to a complete stop and stay stopped until the bus is moving again.
The only exception, in (AR Code § 27-51-1005), is for a multiple-lane highway divided by a parkway or dividing strip at least 20 feet wide, with the bus on the opposite side. A center turning lane does not count as that kind of divider.
Okay. You think that it might not be justified to pay what an attorneys fees would be, and rather, just pay the fine?
Yes, that is what I am suggesting. The prosecutor may give you a little bit more favorable deal to have you go away as well.
I don't mind paying the fine, but is it possible to request that it not go on my record?
Convictions go on one's record. There is a thing called "diversion." But you would have been offered it at your first appearance.
Okay. I appreciate your help. Thank you.
You are most welcome. Do you have any other questions?
No sir. That is all. Thanks again for your time and advice.
It was my pleasure. All the best to you and yours.
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