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Traffic offenses can range from simple to complex. Some traffic crimes might result in a mere traffic ticket that Gemma & Karimi, LLP can help you resolve; others like vehicular homicide might involve a lengthier court proceeding with possible criminal repercussions. Whatever traffic offense you have been charged or arrested with, an experienced lawyer can help you settle your case swiftly. The traffic attorneys at Gemma & Karimi, LLP have 20 years of combined experience and will fight aggressively for your goals in your case. Don’t relinquish your driving rights without a proper legal fight.
Contact Gemma & Karimi, LLP online for a free consultation to discuss your legal options.
Indiana’s Traffic Laws
Every state has its own unique set of road laws. Indiana’s traffic laws in particular address driving-related incidents like:
- Reckless driving
- Operating while intoxicated
- Driving on a suspended license
- Running a red light or stop sign
- Seat belt/child restraint violations
Drivers in Indiana may be guilty of speeding under one of two standards – basic speeding or absolute speeding. The state’s basic speeding laws require that drivers operate at a speed that is reasonable and prudent under the present conditions (that is, at a safe speed in the conditions). Driving beyond a safe level, such as driving particularly fast on a rainy or icy day, constitutes a violation of the basic speeding law.
Absolute speeding laws establish specific speed limits that drivers must obey, such as 25 miles per hour in residential districts and 70 miles per hour on interstate highways.
Generally, speeding is a Class C infraction with fines around $100-$200. Fighting a speeding ticket, however, may help you avoid paying the fine and having the conviction on your record. Indiana drivers can resolve their ticket by signing the back of the ticket to accept or deny guilt of the traffic offense. This declares your desire to fight the ticket and sets up an official docket in the courts, which will give you a “day in court.” After mailing in your denial of guilt, you will be informed by mail of your court date, during which you and your attorney will present your case. Reach out to the traffic attorneys at Gemma & Karimi, LLP for more information.
In some situations, speeding violations lead to reckless driving charges. Indiana law defines reckless driving as operating a vehicle recklessly (knowing the conduct is risky but doing it anyway) and:
- going at such an unreasonably high or low rate of speed that it endangers the safety of persons or property or blocks the proper flow of traffic;
- passing another vehicle on a slope or curve where visibility is limited to less than 500 feet; or
- passing a stopped school bus that has an arm-signal device in an extended position.
The consequences of a reckless driving conviction depend on the situation:
- Standard reckless driving (driving too fast or slow or unlawfully passing another car on a slope or curve) – Class C misdemeanor punishable by up to 60 days in jail and a maximum of $500 in fines
- Unlawfully passing a school bus – Class B misdemeanor punishable by up to 180 days in jail and a maximum of $1,000 in fines
- Reckless driving with property damage – Class B misdemeanor punishable by up to 180 days in jail and up to $1,000 in fines, as well as possible license suspension for 1 year
- Reckless driving with injuries – Class A misdemeanor punishable by up to 1 year in jail, up to $5,000 in fines, and a license suspension of up to 1 year
A driver who causes the death of another while recklessly driving can be charged with a more serious crime of “reckless homicide,” known in other states as vehicular homicide. The consequences of a driving-related killing depend on the circumstances, such as whether the driver was intoxicated.
General crimes of reckless homicide are charged as Level 5 felonies punishable by 1-6 years in prison and up to $10,000 in fines. OWI-related killings are also Level 5 felonies, but they can be charged as Level 4 felonies punishable by 2-12 years in prison and up to $10,000 in fines if the driver:
- has a prior OWI conviction that occurred within the past 10 years;
- was driving on a suspended or revoked license because of an OWI or being a habitual violator; or
- was at least 21 years old and had a BAC of.15% or more or a Schedule I or II controlled substance in their blood.
Traffic-related incidents are not easy to handle, especially when you want to avoid the long-term consequences of having them stay on your record. The traffic lawyers at Gemma & Karimi, LLP are former prosecutors who have seen how the courts rule throughout the years; they have the experience and skill you need to fight your traffic ticket, no matter how serious. Whether you seek legal support in denying a speeding ticket or defense representation to challenge a vehicular homicide charge, Gemma & Karimi, LLP is the traffic law firm for you.
Contact the firm online to schedule a free initial consultation for more information.
“After debating a plea I finally refused the plea and went to jury trial. On 06/23/21 we went to trail and Kevin and Ron was able to get me a not guilty verdict.” - Jerry N.
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