Charged with Illegally Passing a School Bus? Let us Fight for You

Passing or Failing to Stop for a Stopped School Bus is a class 1 misdemeanor, unless someone is hit during the act of passing the school bus, in which case, the charge is a class I or class H felony. The State must prove every element of the charge beyond a reasonable doubt, or you are not guilty!

A person guilty of this offense:

(1)    Drives

(2)    A vehicle and

(3)    Approaches, from any direction, on the same street, highway or public vehicular area,

(4)    A school bus

(5)    That is displaying its mechanical stop signal or flashing red lights AND Is stopped for the purpose of receiving or discharging passengers, AND

(6)    Passes or attempts to pass the school bus OR fails to bring the vehicle to a full stop and remain stopped

(7)    Before the bus’s mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off, and the bus has started to move.

Some of these elements are more difficult for the State to prove than others. For instance, to prove that the bus was in fact a “School Bus,” the State must prove that the word “School Bus” appeared on both the front AND rear of the bus. Simply saying it was “a big yellow bus” is not enough! This is often difficult for the State, since many times the officer could not see both the front and rear of the bus.

Attorneys at The Law Offices of Wiley Nickel, PLLC are prepared to take your case to trial! For a free consultation call Attorney Kristi Haddock or Attorney Wiley Nickel at 919-585-1486. Our office is located in Cary, North Carolina just minutes from interstate 40. 

Comment

Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.