School Bus Driver Vigilante

A few weeks ago at 9:00 p.m. as I was laying in bed with one of my children I heard a knock at the door.  It was a policeman who said a school bus driver reported me for going around her bus.   I did encounter the bus but earlier that day and stopped for it. Normally she waves me past but after making eye contact with her, she never passed me on so I turned right onto a side street about a 1/2 house length in front of her bus.  She reported me as coming off the side street and going back towards my house which DID NOT occur.  I think she was mad that I didn't wait to be waved.  I have no other idea of why she would turn me in.  She must have been memorizing my license plate number as we sat there or when I went down the side street as I was going very slow.

 The police officer stated to me that my statement does not show that I committed an offense but that he has to issue it because of her version.   He went to her house and showed her my statement and she still would not budge.

I went to court and pleaded not guilty and my pretrial is tomorrow.   A year ago, she reported a neighbor of mine for doing the same thing and his case was dismissed.  I guess my question is what does person do when a bus driver who has the authority to have a policeman tickets you for something you did not do.  It is my word against hers.  I did not hire a lawyer as I cannot afford that expense. 

Is she required to be at the pretrial or regular trial?  I would like to know why she did this to me after I have seen her for several years and she has waived me passed her bus on nearly every occasion.  I think she is familar about reporting people and that she knows I will have to wind up paying a minium of $80 if the case is dismissed.

Since you didn't wait to be waved on you are probably guilty of the offense.

And if you tell the judge that you didn't wait to be waved on you will certainly lose.

If you want to cast doubt on the driver's credibility, bring the neighbor with you to testify.

When I asked the officer if she was allowed to direct traffic from her bus, he said that it depended on the situation but he said that in my case, that because the bus was stopped at the left hand side of the road and it was before the road I turned right onto that it is not against the law and not considered passing.   Yet, for some reason, coming the opposite way it would be and that is what she said I did.  I am so mad because I cannot believe a bus driver could switch directions and get me in trouble because of her ego trip.  That is my greatest issue.   I asked the neighbor and he said because he has to work and that my pretrial is at 8:00 a.m., he had to work and was not at going to take a few hours off to help me.   This has been stressing me out for weeks and part of me feels I should have just pleaded no contest and got rid off all this anxiety and anger.   I was raised to stand up for myself and if the prosecutor tells me what I did was wrong, then I will take total responsibility but I just can't make sense out of her saying I was going the other way.  Why?  I have no clue what she would have to gain.

You might try to see if you can get a copy of your neighbors case before your trial and have it in hand to show a possible pattern for this driver.

If all else fails see if you can find additional cases where she accused people of this and the charges were dropped or the individual found not guilty and present that information to her bosses at the bus company.

Thank you!   Yes another thing to consider.  I am hoping she does not show up so I can file a motion due to lack of prosecution witness.

Your post is rather hard to follow as to if in fact you turned before you got to bus or turned directly at the bus or just what --I'm confused and I would think others are too--I suggest you go read the precise traffic statute on point and anything that defines "passing"--make copies

I'd stay clear of your views as to her ego--it won't win you any points.   She is entitled to be a bit aggressive--and it plays to her favor in context of protecting kids

You are entitled to examine the person who pressed the charges --perhaps she is a no show--perhaps she has a very unclear understanding of just what the law reads.

I have great difficulty in following why to turn ahead of bus constitutes "passing" a bus--but the devil may be in the details of just how law is written and meaning of words.

The police account would be "hearsay" if direct witness is a no show.

If she has an ego I would NOT count on her being a NO show!  If she has an ego that does NOT mean she read the actual rules --she may have expanded them .

A quick read of OH law suggests driver is well entitled to make signals.

I'd pay keen attention to whether you turned more than 10 feet away from bus--to proceed beyond that point to this layman seems to trigger issue that you failed to stop.

(A) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.

It is no defense to a charge under this division that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by division (B) of this section.

I went to court today.  I want to thank you all!   At the pretrial the prosecuter stated it would cost more to go ahead with the trial and that I would have to pay the police officer $75 and mileage and also pay the bus driver $75 plus mileage on top of court fines, fees, etc.    If I plead guilty, it would be $80.    I plead guilty, the judge gave me 6 hours community service and dismissed it.   I am still furious that an Ohio bus driver can just turn in a license plate number, regardless if you passed them or not and when it goes to court, you have to plead guilty just to avoid paying the bus driver who reported you.  INSANITY.  I am just glad it is all over with!

Witnesses have to come to trial only.

The officer is NOT required to issue the citation.  He's trying to prevent you from being angry with him.

We have trials because of conflicts in stories.  That's what you have here.

My suspicion is that having a bus driver wave you through is NOT a defense if you get cited.  (I realize that didn't happen here, but I wouldn't be relying on that in other situations.)