116 3rd St SE
Cedar Rapids, Iowa 52401
Dismissing, pleading down school bus violations double since Kadyn's Law
Apr. 26, 2015 6:00 am
School bus drivers say the judicial system is putting children at risk by letting motorists who pass school buses illegally off the hook.
Rick Niemier, who drives children in the Marion and Linn-Mar school districts, said rather than enforcing a 2012 law designed to stiffen penalties, too often Linn County prosecutors are pleading charges down or dismissing them all together.
'This kind of defeats the purpose of the law,' Niemier said. 'I know some of the district attorneys feel it is too harsh of a law and they don't like to prosecute it. Some don't feel it is a serious violation, and it frustrates the hell out of me.
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'I do 9,000 stops a year, and it only takes one time to get someone killed.'
The rate of stop-arm violations being pleaded down or dismissed has more than doubled in Iowa since the adoption of Kadyn's Law, and Linn County is doing so at one of the highest rates in the state, a check of the data from the Iowa judicial branch shows.
Kadyn's Law was created after a motorist fatally struck 7-year-old Kensett girl Kadyn Halverson while walking to her bus in 2011. Passing a school bus illegally causes six to eight deaths a year nationwide, according to the National Highway Traffic Safety Administration.
The law increased the consequences for passing a school bus illegally, which generally occurs when flashing red lights are activated and the stop arm is extended. Violators receive a fine, an additional insurance requirement and a mandatory suspended license.
The loss of license in particular has prosecutors thinking twice about how punish violators.
From August 2012 to March 2015, 2,660 stop-arm citation have been issued in Iowa, according to Iowa judicial branch data.
An analysis of the data by The Gazette shows among the citations:
• 58 percent were convicted as charged
• 26 percent were dismissed
• 12 percent were convicted of a lesser charge, most frequently failure to obey a traffic control device, reckless driving and failing to drive at a prudent speed.
'Misunderstanding the intent'
Before Kadyn's Law, only 18 percent of citations were dismissed or pleaded down, said Mark Lowe, director of the motor vehicle division at the Iowa Department of Transportation.
'There's a certain amount of prosecutorial discretion appropriate in any case, but I think since Kadyn's law it's been decided by some defense attorneys and prosecutors the suspension of licenses is too harsh,' Lowe said. 'I respectfully say they are misunderstanding the intent of the legislation.'
In Linn County, nearly 70 percent of citations are being dismissed or pleaded down, according to The Gazette analysis. The DOT says it's one of the highest rates in the state.
By contrast, Polk County dismisses or uses a plea deal in 30 percent of cases, and Johnson County in 35 percent.
Assistant Linn County Attorneys Monica Slaughter and Matt Kishinami said some of the dismissals, because of how the Iowa Judicial System categorizes decisions, include acquittals, although they could not say how many.
Still, they noted there is more to the story.
'This is an unusual law that gives a civilian, a bus driver, quasi-law enforcement or police power,' Kishinami said.
Bus drivers essentially issue stop-arm citations through the police department.
The drivers often have a few seconds to document the description of the violating vehicle, the driver and a license plate number, which is turned over on a form to police, who later issue the ticket, Kishinami said.
This leads to incomplete or inaccurate reports, and bus drivers aren't trained witnesses. So they may not recall key details when called to trial months later, Kishinami said.
They also encountered complaints that the bus didn't activate stop lights early enough, Kishinami said.
'A lot of times that information they gather isn't sufficient to secure a conviction,' Slaughter said.
Teaching a lesson
Rather than letting the drivers off, Slaughter and Kishinami said they sought other avenues to teach a lesson.
Slaughter said she looks at a driver's record, at the amount of information covered in a report, the driver's cooperation with officers, how fast they were going when passing the bus, and if they were weighted down, which would hinder their ability to stop. Then she uses her discretion.
Slaughter said she offers to drop to a reckless driving charge in exchange for a guilty plea.
'This gives people — in my opinion who deserve it — an opportunity to keep their license, still have a significant financial burden both in the fine and the increase in insurance rates and it makes them think,' she said. 'I don't see the same people come over and over and over. I don't see second offenses.
'The point is to make people more aware, better and safer drivers and protect or children.'
Slaughter and Kishinami said there's another issue at play — most school buses in the Linn County school districts such as Cedar Rapids, Marion and Linn-Mar don't have stop-arm video cameras to provide key evidence.
'Legislative intent is something we consider, but more importantly we have to be able to convict — and get convictions especially in a county where we have very few, and this just started, cameras,' Slaughter said.
Denny Schreckengast, transportation manager for Cedar Rapids Community School District, said it would cost $175,000 to outfit the fleet with stop-arm cameras. He added the district will request cameras for all new buses the district purchases, which is seven a year.
However, Schreckengast disagrees with the notion that the lack of video evidence is hampering cases.
'A human being is seeing what they are seeing and gathering information,' he said 'If they are not 100 percent sure or are not clear, they are not turning in the violation report.'
Linn-Mar Community School District has eight buses with cameras, and intends to get more although doesn't have a set plan. The Marion school district is considering adding cameras.
The DOT's Lowe said it is possible the Iowa Legislature will reexamine the law and either loosen the penalties or create more specific language for enforcement.
What the law says
• Motorists cannot pass a school bus when approaching from the rear, if the amber or red lights are on. The vehicle must stop at least 15 feet from the bus when the stop-arm is extended, and not pass until the stop-arm is retracted.
• From the opposite direction, if the amber lights are on motorists must slow to 20 miles per hour and be prepared to stop when the stop-arm is activated.
• The bus driver is required to turn the flashing lights on 150 feet from the bus' stopping point on a road that is less than 45 miles per hour, and 300 feet on a road that is greater than 45 miles per hour.
• Motorists traveling in the opposite direction as a school bus do not need to stop if traveling on a highway with two or more lanes in each direction.
Source: Iowa Code
Penalties for passing a school bus
• First offense, simple misdemeanor — At least $250 fine, but not more than $675. The court may order imprisonment not to exceed 30 days in lieu of or in addition to a fine. The Iowa DOT will impose a 30-day suspension.
• Second offense, serious misdemeanor — At least $315, but not more than $1,875 fine. The court also may order imprisonment not to exceed one year. The Iowa DOT will impose a 90-day suspension.
• Third and subsequent offenses, serious misdemeanor — At least $315, but not more than $1,875 fine. The court also may order imprisonment not to exceed one year. The Iowa DOT will impose a 180-day suspension
• Violators also may be required to purchase high risk insurance for up to two years.
Source: Iowa Department of Transportation
The cases
For Linn County:
• 290 total citations
• 161 dismissed (56 percent)
For Johnson County:
• 330 total citations
• 35 dismissed (11 percent)
Statewide:
• 2,660 total citations
Cars stop as a Marion school bus drops off students in Marion. Kadyn's Law created stiff penalties for motorists who pass a school bus stop arm illegally. (Michael Noble Jr./The Gazette)