Fighting Ticket: Early Resolution Meeting
I was wondering if I can get some feedback as I am an early resolution meeting in a few weeks. Any advice and what you think my chances are of getting it dropped or reduced. Here is my defense:
On Thursday January 22 at approximately 8:15 am I was driving to work on G****Street. I was heading north on G**** and was traveling on the far right lane. As I was scanning for traffic ahead and around as I approached the intersection of G**** and S****, I did spot a school bus of the smaller kind traveling south bound on G*** Street in the far lane as it approached in the intersection. After clearing the interaction of G**** and S**** the school bus made a sudden stop at what appeared to be the second and first house from the intersection which is House numbers 894 and 892. With the bus making a sudden stop I did not have sufficient time to stop in front of the school bus, especially given the fact that it was a cold winters morning and a slamming on the brakes with potential black ice would be dangerous for me and the drivers around me. The school bus also did not have overhead flashing lights on prior to making its stop or during while it was stopped. Therefore I had no advanced warning that the bus was going to be making a stop.
As I continued to drive up G**** I stopped at the intersection of G**** and F**** to make a right hand turn onto ***** which is just over 1km away from the intersection of G**** and S****. Just as I was about to make my turn, a police officer in an unmarked car pulled beside me and asked me to pull over.
When officer K came to my car and said that she was pulling me over because I did not stop for the school bus. Officer K wrote me a ticket and explained my rights. I told the police officer that I did see the school bus but I did not have its overhead flashing lights or extended stop sign to indicate it was picking up children. Officer K did not argue and just rebutted my rights to contest the ticket.
I am being charged under the Highway Traffic Act section 175 (11) which states: 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)
I will now outline the following reasons why I am contesting this ticket
1) Officer K on two occasions told me that I was being charged with failure to stop for a school bus. She verbally told me that when she pulled me over and she also wrote it on my ticket. Section 175 (11) of the Highway traffic act does not make mention of failure to stop for a school bus when it does not have overhead lights on. Section 175 makes clear reference that the overhead red flashing lights must be on. In this case they were not. Thus I did violate section 175 (11)
2) Section 175 (6A) states : every school bus driver,
(a) who is about to stop on a highway for the purpose of receiving or discharging children or receiving or discharging adults who have developmental disabilities, shall actuate the overhead red signal-lights on the bus;
As mentioned the school bus made a sudden stop and did not activate its overhead flashing red lights prior to making its stop which it is required to as mentioned in Section 175 (6A). Thus it was in violation of this act of the Highway Traffic Act. I had no prior advanced warning that the bus was going to be making a stop and therefore could not make a proper and safe stop especially given the time of year when this occurrence happened.
Point 3: As noted on my ticket, Officer K writes that the allege occurrence happened at G*** and S****. This is important because it would give a good explanation as to why the Bus Driver would have not activated its overhead flashing lights as it states in the Highway Traffic Act 175 (9C) "
No person shall actuate the overhead red signal-lights or the stop arm on a school bus at an intersection controlled by an operating traffic control signal system; within sixty meters referred to in clause (a)
As I said before, the bus came to a sudden stop just as I passed the intersection, or in the buses case just as it approached the intersection at approximately between house 894 and 892. These house are within 60 meters of the intersection of G*** and S***. In fact it is 56m according to Google Maps. Thus it would make sense that the bus would not have its overhead red flashing lights on. And if the bus did have its overhead red flashing lights on, it would be in violation of the Highway Traffic Act section 175 (9C).
I also want to make reference to my driving record. I have a clean drivers abstract with no prior speeding tickets, accidents or moving violations. I take driving safely seriously and always obey the rules of the road. I am very familiar with this route as I have driven on it to work for the past two and half years. I have always been on the lookout for school buses travelling on G**** Street. This was the first time that I encountered a bus stopping at that location. I want to make it clear that if I had seen the school bus lights were flashing prior to me approaching the bus I would have made every attempt to stop safely. I would never ever jeopardize the safety of pedestrians, especially children. On Monday May 11 on my way to work, a similar occurrence happened again. A bus made a sudden stop on G***, at approximately 824 G****. The bus had no overhead lights flashing prior or during the stop. I ensured that I stayed stopped while other drivers where confused as to what to do as the bus was stopped but did not have light on and arm out, the other drivers proceeded to pass while I stayed stop. I called the School Transportation services and explained what happened. The lady I talked to said that it would make since as to why the bus would not have its lights on prior to stopping or during the stop as it would have been so close to the intersection. She also mentioned that children are to be on the side of school bus door for safety reasons as to not cross 3 lanes of traffic. As mentioned previously, I was approaching the bus from the front side with 3 lanes of traffic between myself and the bus. The bus was not picking up children from the side of the road I was on.
I ask today that the offence I am charged with be dropped for the reasons I outline today or a resolution be made considering that I did not violate section 175 (11) of the Highway Traffic Act, especially considering Section 175 (9C) and section 175 (6A)