Mr. Porreca recently represented a defendant in Rockaway Township Municipal Court who faced charges under N.J.S.A. 39:4-128.1 for improperly passing a school bus. This statute is one of New Jersey’s strictest traffic laws, designed to protect the safety of children boarding or exiting school buses. Violating this law can result in severe penalties, including five motor vehicle points, fines ranging from $100 to $250, potential jail time of up to 15 days, and even a suspension of the driver’s license.

The case involved a striking video captured by the school bus camera, which showed the defendant driving straight through the bar that extends from the front of the bus—a clear violation of the law. In New Jersey, drivers are required to stop at least 25 feet from a school bus displaying flashing red lights or its extended stop sign. Passing a bus under these circumstances is considered one of the most serious traffic offenses.

Despite the compelling evidence, Mr. Porreca successfully negotiated with the prosecutor to reduce the charge to improper passing under N.J.S.A. 39:4-85. This lesser charge carries fewer penalties and only two motor vehicle points, making it a significant legal victory for the defendant.

This case underscores the importance of hiring an experienced traffic attorney when facing serious charges like passing a school bus. Skilled legal representation can often mitigate harsh penalties and protect your driving record. If you are charged with violating N.J.S.A. 39:4-128.1, consulting an attorney is crucial to navigating these complex cases and achieving favorable outcomes.

• Prev Post
• Next Post