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Passing a School Bus in New Jersey

Like what you hear? Here are some ways I can help to Stop an Unfair Conviction https://go.njcriminalhelp.com/dui Call me directly: 908-940-1011 Passing a School Bus in New Jersey Is a Serious Offense — and the Penalties Are Severe A charge under N.J.S.A. 39:4-128.1 for passing a school bus is not a minor traffic ticket. Whether you allegedly failed to come to a complete stop or passed a bus traveling more than 10 miles per hour, a conviction exposes you to mandatory points, heavy fines, and even jail time. If you are convicted of improperly passing a school bus in New Jersey, you face: • Five (5) points added to your driver’s license • A minimum $100 fine for a first offense • Up to 15 days in jail • Up to 15 days of community service A second conviction is even more serious and carries: • A minimum $250 fine • Up to 15 days in county jail Five points alone can trigger insurance surcharges, higher premiums, and license consequences. This is a charge that can follow you long after you leave the courtroom. ________________________________________ Do Not Assume the Ticket Is Automatic — These Charges Can Be Fought Many drivers mistakenly believe a passing-a-school-bus charge cannot be challenged. That is wrong. These cases are defensible, and in many situations the goal is to eliminate or significantly reduce the damage. An effective defense strategy may involve seeking a downgrade to a lesser offense such as careless driving or unsafe driving, which carries fewer or no points. Even a reduction to improper passing, while still serious, is far preferable to a school bus conviction. If the charge cannot be reduced, the focus shifts to challenging the State’s case head-on. ________________________________________ Common Defenses to Passing a School Bus Charges • The bus warning lights were not activated. If the bus’s red lights were not flashing—or were activated too late for a safe stop—the charge may not stand, particularly if this can be supported by evidence. • No children were in danger at the time. A defense may exist if all children had already exited the bus and cleared the roadway. In addition, the vehicle must meet the legal definition of a school bus, including proper front and rear signage that complies with statutory requirements. • Emergency or necessity. In limited but legitimate situations, a driver may pass a school bus due to an emergency. To succeed, the facts must show a real and immediate risk of harm that was not caused by the driver. ________________________________________ These Cases Often Come Down to Proof — and the State Must Do Its Job In many cases, it is your word versus the bus driver’s. If the bus driver fails to appear in court, the prosecution’s case may weaken significantly. Delays in producing evidence, logbooks, or witness testimony can raise speedy-trial issues and open the door to motions to suppress evidence or dismiss the charge. A skilled defense attorney knows how to challenge the evidence, hold the State to its burden of proof, and push back aggressively when your license, record, and freedom are on the line.