How did I get a school bus stop arm violation citation with no police officer? A Minnesota criminal defense attorney explains

In Minnesota, if you fail to stop at least 20 feet before a school bus with its stop arm out, you can be charged with a school bus stop arm violation under Minnesota Statute 609.444. It’s important to know at the outset that school bus violations are more serious than many traffic violations because it’s charged out as a misdemeanor or gross misdemeanor crime, instead of a petty misdemeanor like most speeding tickets (petty misdemeanors are not crimes). With most traffic violations, they are typically charged out after a police officer personally observed the violation. If you received a citation for a school bus stop arm violation without police contact, or were contacted by the police much later, you may be wondering how this is possible. Aren’t the police required to be at the scene? This blog post will explain how this crime is charged without a police officer on scene.

Some school buses are equipped with cameras

One of the differences between school bus stop arm violations and other traffic related offenses is that many school buses are equipped with cameras. More and more school buses are being equipped with cameras. There was $14.7 million in grants for school bus violation enforcement in 2022 and 2023 in Minnesota. Having cameras makes a big difference in how many people get charged, the percentage of people charged went up from 5% of alleged violators to 70% after Edina installed cameras on their buses.

The legality of using cameras to charge school bus violations

I have received phone calls with people questioning whether it’s legal to be charged with a school bus violation with a camera. The short answer is it is legal, but a bit of explanation is needed. The State still needs to prove their case just like any other case, they can’t just rely on the video evidence as self-evident. Meaning the video can be used as evidence against you, but it can’t create a presumption that you are guilty. The are some countries and states where a person can be issued a traffic citation merely based on them being the registered owner and their vehicle being captured on camera breaking a speed or other traffic violation. The City of Minneapolis created an ordinance like this, but the Minnesota Supreme Court held that it was unconstitutional for the City to do that. See State v. Kuhlman, 729 N.W.2d 577 (Minn. 2007). Hearing this, some people may think that the school bus stop arm violation cameras aren’t legal. But the distinction is that the City of Minneapolis was ticketing the registered owner regardless of proof about who was actually driving the vehicle. The school bus stop arm videos are only used as one piece of evidence. The State still needs to prove who drove the vehicle. Think of the school bus camera just like it was a security surveillance camera, which is used in cases all the time as evidence against defendants. But the difference is that sometime police play it fast and lose with school bus stop arm violations just assuming that a registered owner is the driver, and don’t collect as much evidence as they should about who was driving.

Conclusion

If you or a loved one are being charged with a school bus violation based on the use of a camera on the school bus, it’s important to contact a skilled criminal defense attorney to discuss your options first. You don’t want to just pay a fine or plead guilty without advice, because it will result in a conviction on your criminal record. Contact Subzero Criminal Defense for a free consultation. 651-248-5142