Alexandria, VA asked in Traffic Tickets for Virginia

Q: Will I get a ticket for passing this school bus?

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I cannot prove this and did something wrong.

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2 Lawyer Answers

A: In most states it is illegal to pass a school bus WHILE it is displaying red flashing signals and/or a stop sign. If the bus displayed these AFTER you passed, you did not commit a violation, but you do not say whether you were cited or not. The police will most likely not issue a citation they did not witness so if the bus driver reports you you can fight the ticket in court. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.

Quillyn Zebedeo agrees with this answer

A: In Virginia the bus has to be stopped when you pass it. It doesn't sound like you committed a violation. If the bus was already stopped when you passed they can use a camera ticket (traffic infraction) in the mail but the bus would need to be stopped with the sign out before the pass. Or you can get a ticket for reckless driving if an officer witnessed you passing a stopped bus but they would have had to initiate the stop right then. It sounds like you're fine, nothing to worry about.

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