Defending Our CLients Rights as a Driver in Indiana

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.

Are you facing charges for a traffic crime? Call Gemma & Karimi, LLP, today at (317) 676-4747 or contact us online to schedule a free consultation with our Indianapolis traffic lawyers.

Indiana Traffic Laws

Every state has its own unique set of road laws. Indiana’s traffic laws, in particular, address driving-related incidents like:

• Speeding
• Reckless driving
• Operating while intoxicated
• Driving on a suspended license
• Running a red light or stop sign
• Seat belt/child restraint violations

Traffic Ticket Points in Indiana

In the state of Indiana, traffic violations are assigned a certain number of points based on the severity of the particular offense. The points will be added to your driving record and can result in consequences that can include higher insurance rates or even the suspension of your driver's license. Below are some examples of traffic violations and the connected points assigned: 

• Speeding up to 1-15 MPH over the limit will equate to 2 points
• Speeding up to 16-25 MPH over the limit will equate to 4 points
• Speeding up to 26+ MPH over the limit will equate to 6 points
• Running a red light or stop sign will equate to 4 points
• Improper passing will equate to 4 points
• Failure to yield will equate to 4 points
• Reckless driving will equate to 8 points

In Indiana, a driver who accumulates 18 or more points within a two-year period may have their license suspended. 

Basic Speeding vs. Absolute Speeding

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 of 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 the 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.

What are the Consequences of Reckless Driving?

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

What are the Consequences of Vehicular Homicide?

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.

Contact our Indianapolis traffic attorneys today at Gemma & Karimi, LLP, for an experienced defense.