Counties in Northern Virginia, particularly Arlington and Fairfax counties, are cracking down on drivers who are passing stopped school buses.  It is important to realize that passing a school bus can be charged either as a traffic infraction (under 48.2-844) or as misdemeanor reckless driving (under  46.2-859).  In fact, passing a stopped school is rapidly becoming one of the most common types of reckless driving charges in Northern Virginia.

The differences between these two types of charges is very significant.  If you are facing only a traffic violation for passing a school bus, you are generally looking at a fine, whereas a reckless driving conviction can result in jail, probation, suspension of your driver’s license, up to a $2,500 fine and 6 points on your driving record.

For further information on how Fairfax and Arlington counties are cracking down on drivers who pass stopped school buses, review the following news report:

In Virginia, Reckless Driving is a serious misdemeanor charge that can have significant consequences – both criminally and socially.  Aside from the criminal punishments that can come from a reckless driving conviction, individuals charged with misdemeanor reckless driving must be aware of the serious consequences that the conviction can have on employment, getting into college or other secondary education institutions, obtaining and maintaining security clearances, immigration and naturalization, and other non-civilian employment (law enforcement, military, etc.).

Experienced Reckless Driving Attorneys

We have successfully defended several clients who have been charged with reckless driving for passing a stopped school bus, and we diligently fight to ensure our clients receive the type of legal defense they deserve.  If you are facing a reckless driving misdemeanor charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed. The defense attorneys at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

• The consequences for Reckless Driving: Clients who reach out to us concerning a reckless driving arrest often share common questions. In most cases, our clients want to know whether they will go to jail if they are convicted of reckless driving.  Answering this question depends entirely on your speed and the city or county in which you were driving.  If you are convicted of driving 90 mph, there’s a possibility that you will face jail time.  Anything above 90 mph will almost always result in jail time.  However, speaking to an experienced traffic attorney is the only way to provide appropriate insight into your case and the possibility for jail time.

• An aggressive defense: The consequences of a reckless driving charge often depend on having an experienced lawyer to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.

If you are facing a reckless driving or other serious traffic offense, contact the attorneys at Ervin Kibria today to thoroughly discuss your case and make a determination on whether an attorney is needed in your particular case.

Standard Penalties For First Reckless Driving Offense:

For a first offense, Virginia reckless driving penalties are still considerably harsh.  A first offense reckless driving conviction can result in the following:

1. Up to 1 year in jail;
2. Up to 6 months suspension of driver’s license;
3. Up to $2,500 fine; and
4. 6 points on driving record

Under the Va. Code § 46.2-859

“A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving.”

More over any person who violates the above said provision, is either guilty of reckless driving or is subject to a civil penalty of $250, six points on their Virginia DMV record and any prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions, Va. Code § 46.2-844.

Va. Code § 46.2-844

“A. The driver of a motor vehicle …who, in violation of § 46.2-859, fails to stop and remain stopped until all such persons are clear of the highway, private road or school driveway, is subject to a civil penalty of $250 and any prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions.”

Most people in Virginia may not be aware that passing a stopped school bus is an offense that can be charged as reckless driving.  Though it may be considered a simple traffic violation, the law in Virginia considers it a serious offense and imposes serious punishments on those who carelessly pass a stopped school bus without stopping for it.  When a person fails to stop or fails to remain stopped where a clearly marked school bus is stopped, he becomes liable to be charged for reckless driving.