In NJ If You Have Been Charged With Passing A School Bus You Could Go To Jail Or Perform Community Service Even For A First Offense! Attorney Aalsberg Can Help!
Passing a School Bus in NJ (39:4-128.1) is a very serious offense for which you can lose your drivers license, go to jail and even perform community service. Jail is rare for first time offenders, but if an accident occurred or your case was egregious it is certainly possible. We understand that you may have a hectic life and understand that sometimes good people make mistakes. Unfortunately the law does not take this into account. Although, you may have stopped for hundreds of school buses in your life one mistake is all that is needed to be penalized. But you do not have to worry, with Attorney H. Scott Aalsberg on your side you will have the experience of over 25 years of winning, reducing or eliminating these penalties.
The law states you cannot pass a school bus whenever it is discharging or picking up children unless the roadway is separated by a divider thats it. Many people think its legal to pass a school bus if the children are on the opposite side of the road. WRONG! Other people feel that its OK to pass a school bus if the school bus is stopped for an extended period of time. WRONG! In New Jersey you cannot pass a school bus anytime it has its yellow or red flashing lights on no matter how long the bus is stopped for. Even if you see no children anywhere in the distance you must still stop and wait. The reasoning behind this is because the bus driver may be required to wait for a child or to assist a disabled child on the bus. We understand that some clients tell us that the bus driver waived at them to go. This is not a defense in NJ you must stop and wait until the school bus lights are off. The bus driver is not a NJ law enforcement officer. Only a police or law enforcement officer can give you an exception to the law to pass.
Defenses to passing a school bus do exist, but an experienced lawyer is needed if you want to reduce or win you ticket. Call our office now and setup a free in office consultation to learn how we can help you win, reduce or eliminate your charge of passing a school bus in New Jersey. With over 25 years of experience fighting NJ School Bus tickets Attorney Aalsberg can help you!
Penalties For Passing A School Bus In NJ School Year 2022
- A Fine of not less than $100.00 and
- 5 points on your license and
- Imprisonment for not more than 15 days or community service for 15 days as the court shall deem appropriate or both
- Possible suspension of your drivers license in the discretion of the Direction of the Division of Motor Vehicles.
For a Second or Subsequent Offense for Passing a School Bus in NJ you face:
- The same penalties as above plus an additional $150.00 in fines
In addition to the above penalties for passing a school bus in New Jersey, the cost for insuring your car will surge for the next three years. This innocent looking little ticket will cost you several thousands of dollars due to the fact that your drivers license will be charged with 5 points. You may not realize it but the offense of Passing a School Bus has the same number of points as a Reckless Driving Ticket. However, these 5 points may be the cheapest part of the violation. This is because, the motor vehicle commission of the State of NJ may suspend your drivers license for a period of time as determined by the director. The length and time of your suspension is generally related to the amount of years you have been driving and your driving record. In general the less time you have been driving or the more tickets you have the longer the suspension. If your license is suspended due to a school bus ticket think of how you would go about your daily life. You could lose your job, your house and all that is important to you and your family! Don't let this happen to you, we can help. Call our office at 1-800-9-RIGHTS or (732) 257-5040 to setup a free in office consultation and learn how we can help you win, reduce or eliminate the penalties you face with a NJ Passing a School Bus ticket.
The State can Charge you for upto 90 days
The statute of limitations (the time in which the state has to charge you with a ticket for passing a school bus) is 90 days from the date of the alleged incident. Most ticket in NJ have a 30 day limitations, but this ticket is one of the few exceptions. This is because in many cases it may take more time for the local police department to determine whether an offense has occurred. Many school buses today have camera's to find violators of this offense. This video of the school bus violation is then sent to the police for review generally by old fashion mail or hand delivered by disc. Therefore, it is not uncommon today to have a ticket mailed to your house (by first class mail) days or even weeks later after you have forgotten about the offense. However, if you did not get the ticket at the scene and it is over 90 days that the ticket was mailed to you, you have a great defense, the defense of time. But this is only a defense and must be properly raised in court to allow for a win.
Why the Penalties for Passing A School Bus in NJ are so severe and can result even in Jail?
Our children are considered our most valuable assets and thus protecting them is the highest priority for our police. Hundreds of school children each year are injured as a result of motorists passing stopped school buses. Thus the legislature has made the penalties even when no children are hurt very severe. Therefore, an experienced and skilled traffic lawyer is a must to make sure you have the best chance of
keeping your drivers license and not going to jail or performing community service. No Attorney can guarantee that you will stay out of jail or not perform community service, but Attorney Aalsberg's 98%* success rate of winning, reducing or eliminating the penalties of a passing a school bus ticket simply speaks for itself.
Why You Need Attorney H. Scott Aalsberg, Esq., to Win!
Attorney H. Scott Aalsberg, Esq.,was ranked by the National Academy of Criminal Defense Attorneys as one of the Top Ten Criminal Defense Lawyers, Selected by the National Trial Lawyers to be one of its Top 100 Trial Lawyers and Holds a perfect 10.0 score and rated a Top Criminal and DWI Attorney from AVVO Attorney rating service. This is why he gets results!
Under NJSA: 39:5-31: A judge may suspend the driving privileges of any person he/she deems to be guilty of a “willful violation” of the law. In simplified layman terms this means that, if the driver knew or should have known, what he/she was doing was illegal or improper, (example running a red light or speeding double the limit or 30mph or more over the limit etc.) the judge may issue a license revocation or suspension to that person even if the particular statute has no provision for a license suspension.
A suspension under 39:5-31 is generally only given by a judge when a ticket is either:
- Marked with a mandatory court appearance or
- When an accident occurs as a result of the ticketed persons actions or
- If the person has a bad past driving record. (points may go away over time, but the violation stays on your record for life)
Accordingly, If your ticket is marked mandatory court appearance, do not try to handle this ticket yourself, put the experience of Attorney Aalsberg to work for you to help reduce or eliminate any possible license suspension. Attorney Aalsberg has a 98%* Success rate to win, reduce or eliminate the penalties for all NJ traffic ticket charges.