Houston to Austin passing through Giddings, Texas (2013, felony)

[flaan.flaan]

Hi Guys,

I got a $1400 traffic ticket while passing through Giddings, TX because I did not stop for a school bus, but I was on the other side of the road going in the opposite direction at the posted speed limit. I think its total bs. Does anyone have experience with this?

[nana053]

TxDPS -October 17, 2013 Obey the Law: Don’t Pass Stopped School Buses

According to Texas statute, a driver – traveling in either direction – must stop when approaching a school bus that is stopped and operating a visual signal. The driver may not proceed until one of the following occurs: the school bus resumes motion; the operator is signaled by the bus driver to proceed; or the visual signal is no longer activated.

If a road is divided only by a left-turning lane, drivers on both sides of the roadway must stop for school buses with alternating red flashing lights activated.

When the bus is stopped, children will be exiting the bus and may be crossing the road, so cars must stop.

[haudi]

Doesn't apply on a clearly divided highway, but I don't believe Giddings has any of those on 290 through town.

Texas transportation Code 545.066

Sec. 545.066. PASSING A SCHOOL BUS; OFFENSE. (a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student:
(1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and
(2) may not proceed until:
(A) the school bus resumes motion;
(B) the operator is signaled by the bus driver to proceed; or
(C) the visual signal is no longer actuated.
(b) An operator on a highway having separate roadways is not required to stop:
(1) for a school bus that is on a different roadway; or
(2) if on a controlled-access highway, for a school bus that is stopped:
(A) in a loading zone that is a part of or adjacent to the highway; and
(B) where pedestrians are not permitted to cross the roadway.
(c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is:
(1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed;
(2) a Class A misdemeanor if the person causes serious bodily injury to another; or
(3) a state jail felony if the person has been previously convicted under Subdivision (2).
(d) The court may order that the driver's license of a person convicted of a second or subsequent offense under this section be suspended for not longer than six months beginning on the date of conviction. In this subsection, "driver's license" has the meaning assigned by Chapter 521.
(e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. The court shall set the number of hours of service under this subsection.
(f) For the purposes of this section:
(1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and
(2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1325, Sec. 19.06(a), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 661 (H.B. 1174), Sec. 1, eff. September 1, 2013.

[vwgto]

You need to watch the rapid speed limit changes in that town, and the police waiting to pounce. That said, you don't mess with school buses...

[slingshot]

I don't know if I spelled it correctly but there's an actual street a little north of Giddings near Sommerville lake named "Quityourbitchin".

[astrohip]

I'm familiar with 290 thru Giddings. There is no median or divider. The law is very clear on this, unless there is a physical median, you MUST stop for a school bus on either side of the road. I'm surprised you don't know this, unless you aren't from this country. This is the law in almost every state (maybe every?).

Pay the fine, consider it a lesson learned. We may drive like maniacs on our roads, but we don't mess with kids or school buses.

[ipuck]

Get a lawyer to reduce it.

Giddings been known to be a speed trap for many many years.

[AguaDulce]

Originally Posted by ipuck

Get a lawyer to reduce it.

Giddings been known to be a speed trap for many many years.

Did you not read the OP? This is not a speeding ticket! It's a "failure to stop for school bus" ticket.

Don't waste your money on a lawyer! Just pay the fine.

[ipuck]

For 1,400 I would get at least some legal consul or consult. A call doesn't cost anything or very little.

I happen to know someone that DID receive over 2k in traffic violations there. He never told me the final result but he did say the lawyer reduce it substantially.

[flaan.flaan]

Thanks for the help guys. But there were other vehicles on 290 at that time and none of them stopped (the reason I thought it was okay to go through). Guess it was just bad timing.