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Why We Do Not Handle Passing a School Bus Tickets Issued By Camera

Posted by Richard Lawson | Feb 11, 2016 | 0 Comments

Why We Do Not Handle "Passing a School Bus" Tickets Issued By Camera:

Our office often handles cases where individuals were charged with illegally passing a school bus when a police officer initiates the case.  We do not, however, handle school bus tickets or red light tickets when the accused has been cited via camera.

On July 1, 2024, a new law was put into place that significantly increased the penalties for passing a school bus in Georgia. Motorists must now stop for school buses displaying the extended stop arm and flashing red lights, irrespective of the direction from which they are approaching the bus. In addition, anyone caught by an officer or a camera passing a school bus will face enhanced penalties. If pulled over for unlawfully passing a school bus in Georgia, contact our offices immediately! With the penalty being a conviction of a misdemeanor of a high and aggravated nature, it is in your best interest to hire an experienced Georgia School Bus Attorney

What is the Difference?

Illegally Passing a School Bus is a serious traffic offense when initiated by a police officer.  If convicted, a person can receive 6 points on their driving record (MVR) and be sentenced up to 12 months in jail.  While it was previously considered a misdemeanor offense, after July 1, 2024, it is now a misdemeanor of a high and aggravated nature. As a result, the fine will be at least $1,000 and if a person serves any jail, they will not be eligible for 2 for 1 credit. However, the accused is entitled to full due process, including a trial by jury.  Any person charged with a misdemeanor traffic offense has the option to be represented by counsel, and with the possibility of having 6 points added to your license, we recommend that you hire an experienced Georgia School Bus Lawyer to assist with your case. 

Tickets issued by a camera for unlawfully passing a school bus or running a red light are civil infractions. For a first offense, the fine will be $1,000.00. For a second offense, the new law allows law enforcement to notify the driver's car insurance company of the violations. If convicted, there is no criminal record and the offense does not get reported on an MVR.  As a result, there is not much an attorney could do to make things better; and the attorney fees likely would exceed the fine amount. 

Accordingly, there is not much I can do to help someone in these situations; this is by design.  The fines are such that it is intentionally not worth it for most people to fight their case.  The lack of collateral consequences such as having a criminal or driving record also makes fighting the case less desirable.

If you do receive a camera ticket but you were not the one driving or the car was stolen, you can use the instructions on your letter to review video evidence of the violation. It the video demonstrates that you were not the driver or the car was stolen, you can file an Affidavit of Non-Responsibility naming the driver or provide evidence demonstrating that the car was stolen in order to dispute the violation. Or you can go in person to court and show the prosecutor that information.  

My Advice:

If you are accused via camera, you have the right to see that evidence.  Go to court and show the prosecutor.  Unless it is a matter of principal, you do not need to hire a lawyer when cited via camera. However, we encourage people to hire a skilled School Bus Lawyer in Georgia if you were pulled over by a law enforcement officer and charged with unlawfully passing a school bus. 

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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