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  1. #1

    Exclamation Reckless Driving In Indiana

    I'm 16. Recently I was pulled over for going 73 in a 30 because I was late for work. It was in a school zone but on a Saturday and there was nothing going on at the school. It's my first offense. The police officer could have taken me to jail but didn't. He wrote on my ticket that I was on a cell phone, but I wasn't. I'm going to of course plead guilty at my court date but how am I supposed to defend myself against the cell phone charges? Being on a cell phone adds $100 to the fine which I think will be about $300 without the cell phone charges. The judge probably won't believe me against an officer but I really wasn't on my cell phone. How would he even be able to see that if I'm speeding by at 73 mph anyway. Also, what exactly will happen besides getting a fine? Like, how many points will be on my license, or will I have to do community service? If I get a nice judge is there any charge he could bump it down to? About how much could my fine be? This is obviously my first time going to court, and I'm really nervous.

  2. #2
    Join Date
    Mar 2005

    Default Re: Reckless Driving In Indiana

    This is the Indiana statute for reckless driving:
    Quote Quoting IC 9-21-8-52 - Reckless driving; Class B misdemeanor; damage to property; suspension
    (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;

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

    (5) 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.

    (b) If an offense under subsection (a) results in damage to the property of 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.
    As this is a criminal offense, it would be sensible to consult a criminal defense lawyer. I understand the maximum penalty for an Indiana Class B misdemeanor to be a fine up to $1000 and up to 180 days in jail.

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