You haven't been charged with anything, so I wouldn't get too upset. The police have two charges available to them for this offence:
a) Fail to stop for school bus HTA 175 (11) or (12)
b) Fail to stop for school bus - owner, HTA 175 (19) or (20)
The first one carries 6 demerit points, whereas the second does not carry any points and doesn't affect your driving record or insurance.
For the police to charge you with HTA 175 (11) they would need witnesses to properly identify you as the driver. The picture the school bus driver took will have to be clear enough to identify you. Normally when school bus drivers, parents or witnesses report 'fail to stop for school bus' the vehicle owner is charged.
http://www.e-laws.gov.on.ca/html/statut ... quote]Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (11).
Idem
(12) Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop at least twenty metres before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (12).[/quote]
Penalty
(17) Every person who contravenes subsection (11) or (12) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $400 and not more than $2,000; and
(b) for each subsequent offence, to a fine of not less than $1,000 and not more than $4,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 14.
Certificate of offence – owner
(19) A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (11) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (11), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).
Same
(20) A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (12) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (12), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).
Incarceration is not available for first time offenders, and even if it was a subsequent conviction... I'm pretty sure you would need to strike/injure a student to get jail time.
