Can I Face Criminal Charges for Passing a School Bus in Texas?

 Posted on September 25, 2025 in Traffic Violations

In Texas, the rules for passing a stopped school bus are simple. The law considers it a serious traffic violation that can result in criminal charges. If you were ticketed or arrested, you have the right to challenge the allegations against you. A San Antonio, TX traffic violations defense lawyer can explain your rights and help you build a strong defense.

Is Passing a Stopped School Bus a Misdemeanor or Felony in Texas?

Under Texas Transportation Code § 545.066, drivers must stop when a school bus is using red flashing lights or has an extended stop sign. The rule applies to vehicles coming from either direction, unless the road is divided by a barrier. Failing to stop is a criminal offense.

Most cases are charged as misdemeanors, but certain factors can elevate the charge. For example, if you cause an accident that injures a child or another person, the state can pursue harsher charges. In cases that result in serious injury, prosecutors may treat the act as a felony.

What Penalties Can You Face for Passing a Stopped School Bus?

If you are cited for passing a stopped school bus, a conviction can affect your driving record, your finances, and even your insurance rates. The outcome of your case depends on the details, but you could face fines, a license suspension, or even jail time in serious cases. A first violation typically results in a fine between $500 and $1,250, while repeat offenses within five years can go up to $2,000. Your license could also be suspended if you have multiple violations. If someone is seriously injured, the penalties become much more severe.

Under Texas Penal Code § 22.05, which covers deadly conduct, prosecutors can bring harsher charges if they can demonstrate that others were placed at risk of serious injury. Working with an experienced defense attorney gives you a better chance at fighting those allegations.

Can You Fight a Charge for Passing a Stopped School Bus?

The most appropriate defense strategy for your case will depend on the circumstances. However, some common defenses include:

• Improper signals: If the bus driver did not use flashing lights or extend the stop arm, you might be able to argue that you did not know you needed to stop until it was too late.

• Divided highway: If a barrier or raised median separated you from the bus, you may have been allowed to keep driving.

• Mistaken identity: Mistakes can happen when identifying the driver or vehicle. If the bus had cameras or you have an alibi, you may have a solid case for mistaken identity.

• Weak evidence: The state must prove that you did what they are accusing you of doing, beyond a reasonable doubt. Challenging weak evidence can provide you with a strong defense.

Contact a San Antonio, TX Traffic Violations Defense Attorney Today

At Law Offices of Sam H. Lock, we believe in detailed investigations, open communication, and strong defense strategies for every client. Attorney Sam H. Lock has taken on cases ranging from small misdemeanors to serious felonies, earning a reputation for skilled trial work and personalized client care. His hands-on approach has led to recognition as a "Rising Star" by Texas Monthly several times and as one of San Antonio’s Best Lawyers by Scene in S.A. Monthly.

Call 210-226-0965 today to schedule a private consultation with Attorney Lock, a San Antonio, TX traffic crimes defense lawyer who will put his experience, dedication, and proven results to work for you.