reckless driving in indiana

[95n30n]

What is the name of your state? INDIANA

So i am driving around, running errands and such.. and my parents said to be home by 11:00. It is about 10:30 and it usually takes a good 30 minutes to get from where i was to my house. Was on Highway 66, also known as the Lloyd. I'm at a light, and take off faster than I normally would have. I did not spin the tires or anything of the sort. I get up to 75, look in my mirror.. and theres a white cop car flashing his lights at me so i pull off immediately, panicking like none other. I roll down my window, get my license ready and he asks for it, while im getting the title out, he says "i assume you know what you were doing right?" at this time i had the most guilty look on my face, mainly because i have never been pulled over in my life. I have had my license for a month and a half. But anyway, the cop says "I AM going to cite you, i'm just not sure if its going to be for speeding or reckless driving.." this really caught me off guard.. i didnt change lanes or turn.. i was speeding in a straight line. So i say yes sir, he says, "you know how fast you were goin there?" i say, honestly, "it was around 75" he says ok and goes back to his car. comes back later and gives me a ticket to sign, for reckless driving, and speeding at 90 in a 55. my questions are...
1. since he didn't say he clocked me, is there a way to get it lowered... or since its reckless driving does i not make any difference.

2. he did mention the court date, and also that my insurance would triple for sure, and my license would be gone, and i was lucky he didnt take me to jail then and there. i have never stepped foot in a court room... or talked to a judge, or anything.. so any advice in this area would be greatly appreciated.

3. lawyer? some people say yes.. some say no. since my record has NOTHING on it, is it necessary?

any other input/advice/suggestions are greatly appreciated.

 

[seniorjudge]

Q: since he didn't say he clocked me, is there a way to get it lowered... or since its reckless driving does i not make any difference.

A: Post the statute number you were charged under.


Q: he did mention the court date, and also that my insurance would triple for sure, and my license would be gone, and i was lucky he didnt take me to jail then and there. i have never stepped foot in a court room... or talked to a judge, or anything.. so any advice in this area would be greatly appreciated.

Q: lawyer? some people say yes.. some say no. since my record has NOTHING on it, is it necessary?

A: If you don't care whether you keep your license, then don't get a lawyer.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthr...4687#post854687

Other people may give you other advice; stand by.

 

[95n30n]

statute number is:

9-21-5-52-10

sorry i did not post that before.

And yes, i would prefer to keep my license..

 

[seniorjudge]

statute number is:

9-21-5-52-10

sorry i did not post that before.

And yes, i would prefer to keep my license..

I can't find any statute in IN with that number.

 

[rmet4nzkx]

I can't find any statute in IN with that number.

Maybe it is his locker combination at high school? Where is Rhubarb when we need him?
http://www.ai.org/legislative/ic/code/title9/ar21/ch8.html

 

[95n30n]

you got it rmet4nzkx, its a 9-21-8-52, the 8 looked like a 5.. ok now that we know the statute, can anyone give me advice on how to handle this?

 

[seniorjudge]

you got it rmet4nzkx, its a 9-21-8-52, the 8 looked like a 5.. ok now that we know the statute, can anyone give me advice on how to handle this?

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.

It's in my prior post.

 

[rmet4nzkx]

It helps to have the correct citation which is appropriately vague, e.g. it is reckless if it endangers public safety, you admitted going 20 miles an hour faster than the limit, you don't really know and how long have you been driving at your age? The officer will have every advantage over you, perhaps you can ask for a diversion program.
IC 9-21-8-52
Reckless driving; Class B misdemeanor; damage to property; suspension
Sec. 52. (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 20-9.1-5-14 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 added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.1.

 

[fedcop110]

That's a pretty vague statute. I'm glad VA is more specific. As vague as the statute is though, I'm sure the officer will be able to prove "(A) endanger the safety or the property of others." It was only 10:30 at night on a highway. I'm sure there was other traffic present. That's all that it would take in my humble opinion. Get a lawyer.