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The Legality of (Almost) Running Children Over

Blogs > LeperKahn
Post a Reply
1 2 Next All
LeperKahn
Profile Blog Joined April 2008
Romania1848 Posts
Last Edited: 2009-02-25 23:19:25
February 25 2009 22:50 GMT
#1
I was arrested and ticketed a few months back based on not stopping for a stopped school bus on a painted divided highway driving the other direction than the bus. Another person and I were both pulled over and given 6 point tickets with an unlimited fine! Let's just say I freaked out... I had a few responses: First, there was no way any students crossed a 4 lane highway it was no way endangering anyone, Second, the bus had JUST stopped it was more dangerous to stand on the breaks and have the possibility of being rear-ended than to continue on the road, Third, IT IS A DIVIDED HIGHWAY!!!!! In Colorado the law states that you DO NOT need to stop for a school bus if traveling on the other side of a "divided road." A divided road being defined as: "Any road with a median." Median is left undefined. :\ (EDIT: I thought I'd mention that I found out later that a median can be a road with a physical barrier or a road with a painted median. A painted median being a road with 2 sets of 2 solid yellow lines with a lane in between them.)

I was not going down without a fight. I knew I was not endangering anyone, let alone students who I likely know personally. I was ready to fight this ticket to the bitter end. Most of my motivation was selfish though. Should this ticket go through I would lose my license. I am on a provisional license given to newly licensed drivers and I only have 6 points to lose.

I asked my aunt who is a divorce lawyer of all things if she could help me out. She agreed, but I really didn't like the way she was taking it. She was going for a deal for she wouldn't believe I was 100% innocent. It took hours, but finally I got her to agree to argue my innocence first before she looked for a deal. (As she is representing me shouldn't she argue what I say she should argue?)

Anyway, today was my appointment with the DA. I had pictures, testimonials, and a photocopy of the actual statute of law stating the rules regarding school buses. I show up and I'm offered a "great" deal. 3 points for excessive speeding and I would be required to take a week long driving class. My aunt was ready to take it! I wasn't...

I simply stated that I thought I was innocent and I put the pictures in front of the DA. The DA took one look at the pictures and another at the statute and said, "It is very clear that the police officer was in the wrong. Case dismissed." My jaw dropped. I was clean! I knew I hadn't done wrong, and I had been personally offended at the accusation that I had! I was so happy in that moment. However, I came to realize that I had spent so much trying to beat this ticket I forgot about trying to win the "case." (It didn't ever make it to an official case.) I was somewhat disappointed by not having to stand in a court and swear I was innocent.

Anyway, I'm still very happy that I don't have to pay a massive fine and have my insurance cost go up like 10000%. I'm even happier that I didn't lose my license.

***
CJ Entusman #14 • http://soundcloud.com/discodinosaur • https://discosaur.bandcamp.com/
micronesia
Profile Blog Joined July 2006
United States24758 Posts
February 25 2009 22:52 GMT
#2
Medians can't be painted, I think :-/
ModeratorThere are animal crackers for people and there are people crackers for animals.
Pokebunny
Profile Blog Joined June 2008
United States10654 Posts
February 25 2009 22:54 GMT
#3
Yay Lep!
Semipro Terran player | Pokebunny#1710 | twitter.com/Pokebunny | twitch.tv/Pokebunny | facebook.com/PokebunnySC
BanZu
Profile Blog Joined June 2008
United States3329 Posts
February 25 2009 22:54 GMT
#4
Lol, even I felt relief when I read that
Sun Tzu once said, "Defiler becomes useless at the presences of a vessel."
micronesia
Profile Blog Joined July 2006
United States24758 Posts
Last Edited: 2009-02-25 22:54:56
February 25 2009 22:54 GMT
#5
On February 26 2009 07:52 micronesia wrote:
Medians can't be painted, I think :-/


Also ask yourself honestly just how abruptly you would have needed to stop. It's easy for your mind to force you to think that you had no time to stop, when in reality the timing could have been fairly reasonable (especially since buses often show signs of getting ready to stop)

edit: Oh god I meant to edit my post but I quoted myself instead rofl
ModeratorThere are animal crackers for people and there are people crackers for animals.
Nytefish
Profile Blog Joined December 2007
United Kingdom4282 Posts
February 25 2009 22:54 GMT
#6
Your aunt is a crappy lawyer haha :D
No I'm never serious.
paper
Profile Blog Joined September 2004
13196 Posts
February 25 2009 23:00 GMT
#7
On February 26 2009 07:54 Nytefish wrote:
Your aunt is a crappy lawyer haha :D


hahah no kidding . . .
Hates Fun🤔
Carnivorous Sheep
Profile Blog Joined November 2008
Baa?21244 Posts
February 25 2009 23:02 GMT
#8
Congratulations ^^
TranslatorBaa!
CaucasianAsian
Profile Blog Joined September 2005
Korea (South)11595 Posts
February 25 2009 23:08 GMT
#9
oh man, i thought this was going to be about running kids over, and then ask if a 10 yr old boy was 10 points....

oh well.

anyways, yeah your aunt was an idiot, and congrats on dismissing the case! No fines for you!!!
Calendar@ Fish Server: `iOps]..Stark
Carnivorous Sheep
Profile Blog Joined November 2008
Baa?21244 Posts
February 25 2009 23:10 GMT
#10
On February 26 2009 08:08 CaucasianAsian wrote:
ask if a 10 yr old boy was 10 points....


Everyone knows they're 20, stop being a noob about this.
TranslatorBaa!
LeperKahn
Profile Blog Joined April 2008
Romania1848 Posts
Last Edited: 2009-02-25 23:11:20
February 25 2009 23:10 GMT
#11
On February 26 2009 07:52 micronesia wrote:
Medians can't be painted, I think :-/


Well that is where we were unsure, but apparently a painted median is when there are 4 lines (A Pair of 2 lines that are super close together.) with a lane in between.

Also, you were correct in saying that busses show that they are going to stop; however, going 60 miles per hour makes your stopping length very, very long. Truth be told I had no intention to stop. As far as I was concerned this was a divided highway and I didn't need to. (I was told in Driver's Ed that you didn't need to stop on a divided road with no definition of "divided" given. Only questioned it now.)
CJ Entusman #14 • http://soundcloud.com/discodinosaur • https://discosaur.bandcamp.com/
Ganfei
Profile Blog Joined August 2008
Taiwan1439 Posts
Last Edited: 2009-02-25 23:11:18
February 25 2009 23:10 GMT
#12
There is absolutely no way you will EVER have to stop for a bus going the opposite directed on a divided HIGHWAY. That is just absolutely stupid. The police officer should know that.
You are crushing me like a cheese sandwich
ilovezil
Profile Blog Joined August 2006
United States4143 Posts
Last Edited: 2009-02-25 23:16:20
February 25 2009 23:16 GMT
#13
Now that you're done fighting this ticket, you can finally go back to writing learn2zerg blogs! Get on it A S A P
Tensai176
Profile Blog Joined March 2007
Canada2061 Posts
February 25 2009 23:48 GMT
#14
Yay 1 for you!

0 for crappy Policemen!
We see things they'll never see
rredtooth
Profile Blog Joined December 2008
5464 Posts
February 26 2009 00:09 GMT
#15
On February 26 2009 08:48 Tensai176 wrote:
Yay 1 for you!

0 for crappy aunt!

don't mean to dis on your aunt or anything but it sounds like she's either very incompetent or very lazy... or VERY distrustful. that was a surefire case for you (I mean you even pinpointed the law that proved your innocence) but she was really unwilling to fight for your case. 3 points for doing the right thing? That is just bs right there.

And kids are only 6 points. Its like a touchdown in [American] football. +1 point for knocking them back 15+ feet.

And micronesia thinks he can rack up his post count by "accidentally" quoting himself and get away with it.
[formerly sponsored by the artist formerly known as Gene]
micronesia
Profile Blog Joined July 2006
United States24758 Posts
February 26 2009 00:10 GMT
#16
On February 26 2009 09:09 redtooth wrote:
And micronesia thinks he can rack up his post count by "accidentally" quoting himself and get away with it.

Hahahaha
ModeratorThere are animal crackers for people and there are people crackers for animals.
Piste
Profile Blog Joined July 2006
6183 Posts
February 26 2009 01:02 GMT
#17
On February 26 2009 07:54 Nytefish wrote:
Your aunt is a crappy lawyer haha :D

Weel, shes a woman, how could she possibly know anything about driving?
cgrinker
Profile Blog Joined December 2007
United States3824 Posts
February 26 2009 01:05 GMT
#18
Way to beat the wrap!
Dromar
Profile Blog Joined June 2007
United States2145 Posts
Last Edited: 2009-02-26 03:11:15
February 26 2009 03:10 GMT
#19
Uh, guys, she's a DIVORCE lawyer. She's probably used to people lying to her constantly, and it makes so much sense that she just wants to reach a compromise.

She's probably just not trained to go for the W.
maareek
Profile Blog Joined November 2004
United States2042 Posts
Last Edited: 2009-02-26 03:24:56
February 26 2009 03:20 GMT
#20
Do note (at least if you plan to drive outside of your state) that the rules involving having to stop for a stopped schoolbus vary from state to state. Also remember that cops tend to have fairly poor knowledge of the actual law (at least those I've met have, almost disturbingly poor in many cases), so your case isn't especially surprising.

Congrats on getting out of it, though. And good work sticking to your guns!

Edit @NoobsofWrath: I'm 90% sure that the law requires drivers to stop for a stopped schoolbus no matter what in Alabama (possibly in other states, as well). Unless that law has been changed very, very recently. I agree that it makes no sense, but since people blindly accept that penalties should be stiff when children are "involved" regardless of circumstance, you could find yourself in some serious excrement if you weren't aware of that.
FrozenArbiter: Obless PvT master
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