Reckless driving in Indiana is a serious offense that can have a lasting impact on an individual’s life, extending beyond just fines. This blog post will examine the crime of reckless driving in Indiana, exploring its elements, the potential penalties associated with it, and the significant effects a conviction can have on a person’s driving privileges.
Elements of Reckless Driving
Reckless driving is more than just exceeding the speed limit. According to Indiana law, a person commits reckless driving if they operate a vehicle recklessly in one of the following ways:
- Driving at an unreasonably high or low speed under the circumstances, endangering the safety or property of others or obstructing the flow of traffic.
- Passing another vehicle from the rear while on a slope or curve with obstructed vision for less than 500 feet ahead.
- Driving in and out of a line of traffic without being permitted to do so.
- Speeding up or refusing to give half of the roadway to a driver attempting to overtake and pass.
It’s important to note that the law focuses on the manner of driving, not just the speed. Even driving slightly over the speed limit can be considered reckless driving if it involves other factors like weaving in and out of traffic. Conversely, driving well above the speed limit may not be deemed reckless if it occurs on a clear road with no other vehicles present. The key element is whether the driver’s actions endanger people or property or disrupt the flow of traffic.
Penalties for Reckless Driving
The penalties for reckless driving in Indiana vary depending on the circumstances surrounding the offense. Generally, reckless driving is a Class C misdemeanor, but it can be elevated to a more serious offense depending on the consequences. Here’s a breakdown:
- Class C Misdemeanor: This is the standard charge for reckless driving, carrying a maximum penalty of 60 days in jail and a $500 fine.
- Class A Misdemeanor: If the reckless driving results in bodily injury to another person, the offense is enhanced to a Class A misdemeanor, which is punishable by up to a year in jail and a $5,000 fine.
- Level 6 Felony: Recklessly passing a stopped school bus with its stop arm extended is a serious offense. This act constitutes a Class A misdemeanor, but if it results in bodily injury to another person, it becomes a Level 6 felony punishable by up to two and a half years in prison and a $10,000 fine.
- Level 5 Felony: If recklessly passing a school bus with its stop arm extended tragically results in the death of a person, the offense is elevated to a Level 5 felony. The penalties for a Level 5 felony are more severe than a Level 6.
Impact on Driver’s License
In addition to the criminal penalties, a reckless driving conviction in Indiana can have serious and long-lasting consequences for a person’s driver’s license. Reckless driving is classified as a “major offense” by the Indiana Bureau of Motor Vehicles (BMV), which means that it can lead to license suspension or revocation, especially if combined with other major traffic offenses.
Here are some ways a reckless driving conviction can affect your driver’s license:
- License Suspension: The court may recommend the suspension of the driving privileges of a person convicted of reckless driving for up to one year. The BMV has the authority to suspend a driver’s license for a variety of reasons, including reckless driving, driving under the influence, and accumulating too many points on your driving record.
- Habitual Traffic Violator (HTV): Accumulating multiple major traffic offenses within a specific timeframe can lead to an individual being declared a Habitual Traffic Violator (HTV) by the BMV. In Indiana, having three major offenses, such as reckless driving, driving under the influence, or leaving the scene of an accident, within a 10-year period can lead to a 10-year license suspension.
Examples
To better understand the potential impact of reckless driving, let’s look at some examples:
- Scenario 1: A driver weaves in and out of traffic on a congested highway, exceeding the speed limit by a significant margin. The driver causes an accident that results in injuries to another motorist. In this case, the driver could be charged with reckless driving, elevated to a Class A misdemeanor due to the injury. The driver would face a hefty fine, potential jail time, and a license suspension.
- Scenario 2: A driver, late for work, ignores a school bus’s extended stop arm and attempts to speed past. Tragically, a child crosses the road at that moment and is struck by the car. The driver in this situation faces extremely serious consequences. Passing a stopped school bus with its arm extended, in itself, is a serious offense, but when it results in injury or death, the penalties are significantly increased. The driver could be charged with a Level 5 felony and face a lengthy prison sentence. In addition, the driver’s license will be suspended, potentially for life.
Reckless driving is a serious offense with severe consequences in Indiana. If you or a loved one are facing criminal charges in Indiana give The Marc Lopez Law Firm a call today at 317-632-3642 and remember—always plead the 5th!
