Failure to stop for a school bus in North Carolina doesn’t just result in a basic traffic ticket. Someone who breaks North Carolina’s law requiring motorists to stop for stopped school buses may face misdemeanor or even felony charges.
Have you been ticketed for not stopping for a school bus? If so, it’s essential to protect your legal rights. At Greene, Wilson, Crow & Smith, a New Bern, North Carolina failure to stop for a school bus lawyer can provide the defense you need. Contact us today to learn more.
When Do You Have to Stop for a School Bus in North Carolina?
In North Carolina, motorists must stop for a school bus when it displays its mechanical stop signal or flashing red lights to pick up or drop off passengers. Motorists approaching a bus from any direction must bring their vehicles to full stops and not proceed until the bus:
- Is no longer extending its mechanical stop sign
- Is no longer displaying its flashing red lights
- Has begun to move again
The requirement to come to a complete stop doesn’t apply when a motorist is approaching a stopped school bus from the opposite direction on a highway if a divider has separated the highway into two roadways.
What Qualifies as a School Bus in North Carolina?
Under North Carolina law, the following vehicles qualify as school buses:
- Public school buses, whether they are transporting children or school personnel
- A public school bus whose passengers are senior citizens
- A private bus that transports children
A vehicle should also have explicit language on its front and rear, identifying it as a school bus.
Potential Consequences of Failing to Stop for a School Bus in North Carolina
Failing to stop for a stopped school bus in North Carolina is a Class 1 misdemeanor. The minimum fine for this is $500.
Potential consequences may be more severe depending on various factors. For example, if a motorist fails to stop for a stopped school bus and strikes someone, they may be guilty of a Class 1 felony. Their minimum fine will be $1,250. If a motorist who fails to stop for a school bus strikes someone who dies as a result, they may be guilty of a Class H felony and may have to pay a minimum fine of $2,500.
In these circumstances, a victim or their family might also file a personal injury lawsuit or wrongful death claim. Thus, a driver might have to pay more than a fine.
In addition, if someone is convicted of a Class 1 felony under this law, they could lose their license for two years. If someone is convicted of a Class H felony under this law, they could lose their driving privileges for three years.
Potential Consequences of Multiple Instances of Failing to Stop for a School Bus
If a person is convicted of two misdemeanor violations under North Carolina’s failure to stop for a school bus law within three years, they will lose their license for a year. If they receive a second felony conviction or a third misdemeanor conviction under this law within any period of time, the North Carolina Division of Motor Vehicles may revoke their license permanently.
Regaining Driving Privileges After Failing to Stop for a School Bus in New Bern, NC
If the Division of Motor Vehicles revokes someone’s license for any period of time because they failed to stop for a school bus, the motorist may apply for limited driving privileges during the revocation period. Or they may eventually apply for their driving privileges to be reinstated. Specific scenarios to be aware of are:
- Temporarily losing driving privileges due to a first felony conviction under North Carolina’s failure to stop for a school bus law — They may apply for limited driving privileges after six months of license revocation. They can submit their appeal through the court that sentenced them. However, if their license has been revoked under any other provision of the law, they may not be eligible for limited driving privileges.
- The Division of Motor Vehicles permanently revokes someone’s driving privileges because they received a third misdemeanor conviction — In this case, they can reapply for a license after a revocation period of two years. The Division of Motor Vehicles may require a hearing (although this isn’t always the case) to determine whether a motorist should receive a new license. If the Division of Motor Vehicles issues a new license, it may come with conditions. Those conditions can vary depending on what the Division of Motor Vehicles deems appropriate or necessary. However, said convictions and restrictions can only be in place for a maximum of two years.
- If the Division of Motor Vehicles permanently revokes a motorist’s license due to a second Class 1 misdemeanor conviction — The motorist may apply for a new license after a revocation period of three years. Again, the Division of Motor Vehicles might determine that an applicant needs to participate in a hearing before receiving a new license. The Division of Motor Vehicles can attach conditions and restrictions to an applicant’s new license. These restrictions and conditions may remain in effect for a maximum of three years.
Be aware that a revocation under this law can also affect employment opportunities. For example, during a period of revocation, a motorist may not legally drive a commercial motor vehicle.
Contact a North Carolina Failure to Stop for a School Bus Defense Lawyer
Losing your driving privileges because you failed to stop for a school bus can significantly impact your personal and financial freedom. This is one of many reasons to hire an attorney who knows the ins and outs of the legal system and handles cases like yours regularly.
At Greene, Wilson, Crow & Smith, our team is prepared to work with you to defend your rights. Contact us online today for a case review and to learn more about what our North Carolina criminal defense lawyers can do for you.