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School Bus Driver Ticketed After Close Call At Metro-North Railroad Crossing In Chappaqua

CHAPPAQUA, N.Y. (CBSNewYork/AP) -- A school bus driver was ticketed for allegedly stopping in the right of way of a railroad crossing in Westchester County.

Police charged Nancy Peralta with the misdemeanor Monday, WCBS 880's Sean Adams reported.

Police say it happened at the Roaring Brook Road crossing in Chappaqua. Two students and a bus monitor were on board.

School Bus Driver Ticketed After Close Call At Metro-North Railroad Crossing In Chappaqua

"It involved a school bus with children on it, which makes it even more outrageous," New Castle Town Supervisor Robert Greenstein told Adams.

An officer observed the bus stopped about 15 feet further forward than it should have been, police said. When the gate lowered on the bus, Peralta tried to back up but stopped when the gate caught on some brackets, police said.

No one was hurt as the Metro-North train passed by.

Peralta is due in court May 28.

A message left for the bus owner, Mount Vernon-based Mar Can Transportation, wasn't immediately returned.

No one answered the door at Peralta's Bronx home on Tuesday.

Other drivers didn't understand why she would stop in the crossing.

"I would be interested to hear what she has to say about the circumstances and why she was where she was," one motorist said.

Lt. Dan Cannon of the New Castle Police said the right of way is clearly marked with flashing lights for vehicles to stop.

"A traffic officer followed the bus, permitted the driver to drop the students at the school, and placed the driver under arrest," he told CBS2's Emily Smith.

Peralta had two teenage students with special needs, and an aid on board.

"The only explanation she gave to our officer was, she though she had enough clearance," Lt. Cannon said.

Greenstein said he ultimately wants a bridge at the intersection.

"Markings and the signage and things like that we can do right away," he said. "Maybe trying to get some new legislation and some cameras there, we can do that. But that bridge ... anything of that size, it's not going to happen so quickly unfortunately."

He said new signs will be added in the coming weeks.

This was one of several incidents at the Roaring Brook Road crossing in recent months.

Police have issued 38 tickets at the crossing. They have been cracking down on violations since February's fiery fatal collision between a Metro-North train and an SUV in Valhalla. The driver of the SUV and five people aboard the train died.

The family of Ellen Brody, the SUV driver, plans to sue. They have filed a notice of claim that names Metro-North, the Metropolitan Transportation Authority, Westchester County, the town of Mount Pleasant and the state as defendants.

Brody's family says the collision was caused by a hazardous railroad crossing. Their attorney, Philip Russotti, says a badly designed railroad crossing and poor sight lines were to blame.

The Journal News says the MTA declined to comment. The other defendants didn't respond to requests for comment.

If convicted, Peralta faces a minimum fine of $250 and up to a year in jail. She is due back in court later this month.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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