Reckless Driving Charge for Going 110 in a 70

[RIchardJohnson]

My question involves a reckless driving ticket from the State of: Indiana

I recently got a speeding ticket for doing 110 in a 70. The 70 (mph) was on an Interstate road in Edgewood Indiana (Madison County). It was around 4:00 in the morning and there were no other cars on this strip of highway. I was not under the influence of any substances. As I passed a police officer parked in the median of the highway I pulled before he could because I knew I had made a mistake. He gave me speeding ticket and sent me on my way. My court is on Thursday March 24th and I need some advice. I have a prior ticket (failure to stop or yield) on my record and I would like to know if this would affect me? Also, I called the Edgewood Courthouse to inquire about the ticket and was told that I would have to go to court because I could possibly be charged with a misdemeanor. I was wondering the likelihood that I would be charged with a misdemeanor and or have to face jail time? I have no criminal record, just the two tickets.

[Mr. Knowitall]

You indicate that you were charged with reckless driving, so you actually mean that you were told that you are required to appear in court because reckless driving is a misdemeanor.

(a) A person who operates a vehicle and who recklessly:

(1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:

(A) endanger the safety or the property of others; or

(B) block the proper flow of traffic;

(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;

(3) drives in and out of a line of traffic, except as otherwise permitted; or

(4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass;
commits a Class B misdemeanor.

(b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway when the arm signal device specified in IC 9-21-12-13 is in the device's extended position commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it causes bodily injury to a person.

(c) If an offense under subsection (a) or (b) results in damage to the property of another person or bodily injury to another person, the court shall recommend the suspension of the current driving license of the person for a fixed period of:

(1) not less than thirty (30) days; and

(2) not more than one (1) year.

I suggest consulting with a lawyer about the possibility of negotiating the charge down to a non-criminal offense.