Can Passing a Stopped School Bus in Wisconsin Result in Jail Time?

 Posted on October 03, 2025 in Criminal Defense

Passing a stopped school bus may not seem that big a deal – after all, you were being careful and watching for children. If you think that statement is true and you have been cited for passing a stopped school bus, you may be in for a very unpleasant shock. Passing a stopped school bus is more than just a minor traffic violation; it is an offense that can have life-altering consequences.

Wisconsin state law (Statute 346.48(1)) requires you to stop when a school bus has its red lights flashing and the stop arm extended – regardless of which direction you are going – unless you are on the opposite side of a highway divided by a physical median. You must remain stopped until the bus turns its lights off, folds in the stop arm, and begins to move.   

If you have been ticketed for passing a stopped school bus, this is not a traffic offense you should handle on your own. Speaking to an experienced Racine County, WI traffic offense attorney can ensure that you receive a vigorous defense to the charges and the best outcome possible.

What Are the Penalties for Passing a Stopped School Bus in Wisconsin?

With the passing of Wisconsin Act 154, the penalties for passing a stopped school bus have significantly increased. If you are cited for a first offense for passing a stopped school bus, you will be fined a minimum of $676.50, and between four and six points will be added to your driver’s license. Depending on the circumstances, you could lose your driving privileges for several months and could be ordered to perform community service.

If you are cited for a second offense of passing a stopped school bus within six months of the first offense, you could face a fine from $767.50 to $2,000, and six to eight points will be added to your license. You could lose your driving privileges and be ordered to perform community service. If the charge of passing a school bus is "aggravated," this means that you were driving recklessly or caused injury.

A citation for aggravated passing of a school bus will result in a minimum fine of $1,000, six to 8 points on your driver’s license, and the potential loss of your driver’s license. This offense may be charged as a misdemeanor or a felony, depending on the circumstances. You will also face an increase in your vehicle insurance premiums for passing a stopped school bus if you are found guilty.

When is Jail a Possibility for Passing a Stopped School Bus?

For a first offense of passing a stopped school bus, a jail sentence would be rare, but not impossible. If the judge believes you acted recklessly, or is trying to make an example of you to other drivers, then you could face up to six months in county jail. A second offense for passing a stopped school bus within 12 months of the first offense carries a very real risk of jail time, up to six months. If the charges are aggravated, then you will almost certainly spend some time in jail. Judges tend to have little sympathy for those who willfully pass a stopped school bus, placing children in danger.   

Are There Any Valid Defenses for Charges of Passing a Stopped School Bus?

Your attorney may be able to challenge the police officer’s observations or vantage point if there is no video footage. There may be a dispute regarding whether the bus had its red lights and stop arm extended when you passed it. You may have been a victim of mistaken identity and were actually somewhere else at the time of the incident. Finally, your attorney may be able to argue a lack of intent if you were on a new road or if there was a confusing road layout.

Contact a Jefferson County, WI Traffic Offense Attorney

If you were ticketed for passing a stopped school bus, immediate legal representation can potentially result in a favorable plea agreement or alternative sentencing. Speaking to a Racine County, WI traffic citation lawyer from Bucher Law Group, LLC can make a significant difference. Attorney Bucher spent 20 years as the Waukesha County District Attorney and has litigated some of the most complex cases in Wisconsin. Call 262-303-4916 to schedule your free consultation.