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Is it worth contesting a passing school bus violation caught on camera?
Anonymous3 views7 answers
I received a notice of violation in the mail (Cobb County Ga). The notice includes photographs of me passing a school bus while its stop sign was extended (also video online). The fine is a $300 civil penalty (no point deduction).
I had no recollection of the event. Since I was travelling on the opposite side and far right lane of a 4 lane road, it seems reasonable to consider the possibility that I was focused directly ahead and simply did not notice the school bus on the opposite side in the second or two it took me to pass.
$300 is significant to me. What are my chances of getting my fine dismissed or reduced by appearing in court without a lawyer. The evidence shows that my actions were unlawful, but the fine does not seem fair based on how the events transpired. Please advise.
Well, your post does not establish a valid defense. The "no recollection of the event" defense has never worked in a trial. And, the "simply did not notice the school bus" could make a judge angry if you present it at trial.
You agree "the evidence shows that my actions were unlawful" but insist you should not pay the penalty everyone else would be faced with paying. if you present that at trail you can be certain the judge will be endangered by your arrogance. Do not try that defense either.
I hope this perspective assists you. Good luck and have a great day!
If the fine amount is set at $300 you will probably not get a reduction in your fine with your only defense being the fine not being fair. Maybe offering an alternative like completing a defensive driving course to reduce your fine could be an option.
Patricia Gabrielle AbbottCriminal Defense AttorneyMarietta, GA ·
It has been my experience in Cobb County that if you go to court the prosecutor will reduce the fine, even if you don't have a lawyer. I've seen the fine cut in half. Go and see what happens.
You are going to pay a lot more than $300.00 to retain an attorney? Plus there's your time. Plus they've got you on video. Your defense of being on the opposite side and that you were focused ahead and not on the school bus is not a valid defense. The Court will say you are responsible while driving for maintaining focus all around you...especially for a giant yellow and black school bus.
No. These are not worth fighting. These charges do not go on your driving history, and will not affect your insurance rates. Also, since this is a civil matter the burden of proof to convict you is much lower than it is in a criminal matter.
John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
Neither pay nor contest it. Ignore it. Throw the notice in the trash.
http://www.steakleylawfirm.com/index.php/component/content/article/86-news/160-is-violationinfo-com-a-scam
