Passing a Stopped School Bus – VA Code § 46.2-859

In Virginia, passing a stopped school bus that is loading or unloading children is a Class 1 misdemeanor and is prosecuted as reckless driving, even if no one was hurt. This is one of the most aggressively enforced traffic offenses in the Commonwealth due to the risks it poses to children.

If convicted, you could face:

• Up to 12 months in jail

• A $2,500 fine

• 6 demerit points on your license, remaining for 11 years

• A permanent criminal record

• Major increases in car insurance rates, often for multiple years

• Possible license suspension, especially for commercial drivers or repeat offenses

Many drivers are charged in situations where the law isn’t clear, like approaching from the opposite direction on multi-lane roads or misreading flashing lights or stop arms. Still, prosecutors often pursue these cases aggressively.

Virginia DMV data shows over 1,000 drivers each year face this charge, often due to unclear signage or road design, not bad intent.

If your citation was based on traffic footage or a witness, you may have strong defenses. At Battlefield Law Group, we break down every detail, from video angles to road layout, to challenge the case.

We’ve defended clients Prince William, Fairfax, Loudoun, and Northern Virginia for over a decade. Let us protect your record and your rights.