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Reckless Driving

Reckless Driving Defense in Lafayette, Indiana

Reckless driving is a criminal traffic offense that is based on subjective evidence, which usually includes an allegation of excessive speeding. Reckless driving is a Class B misdemeanor, which carries a penalty of up to 180 days in jail. Gibson Law Office has significant experience defending reckless driving charges. Our reckless driving defense attorneys in Lafayette and Bloomington Indiana understand that speeding alone is insufficient to prove the State’s case. 

 

Reckless Driving Defense: Indiana Law

Indiana law defines reckless driving as driving at such an unreasonably high or low speed, under the circumstances, as to endanger the safety or property of others. A reckless driving charge can also be based on passing another vehicle on a slope or curve where visibility of on-coming traffic is obstructed or for weaving in and out of traffic. A reckless driving conviction requires a minimum license suspension of 30 days if the offense resulted in personal injury or property damage.

 

Reckless Driving Charges in Bloomington and Lafayette: Attacking the Evidence

To convict someone of reckless driving, the State must prove that the person’s driving was reckless “under the circumstances”. An experienced criminal attorney knows that the Indiana Court of Appeals has reversed reckless driving convictions based solely on speeding, where there was insufficient evidence of endangerment to others. If you are charged with reckless driving, our defense attorneys will strategically attack the State’s case. Is the charge based solely on speeding? Were you on a country road where no other cars were present? Was the weather clear and visibility good? What property was actually endangered? Our attorneys will ask the critical questions and challenge the State’s case.

Lafayette, Anderson, Bloomington, and Fort Wayne Reckless Driving Defense: Protecting Against HTV

Reckless driving is considered a major traffic violation for habitual traffic violator purposes. A person who accumulates ten moving violations, with one of them being a major violation, can be designated a habitual traffic violator by the Indiana Bureau of Motor Vehicles. A person who commits three major traffic violations in ten years can also be designated a habitual traffic violator. This means that if you have had 9 tickets in less than 10 years, a reckless driving conviction could result in a 5 year HTV suspension. And, if you have prior convictions for Operating While Intoxicated, Reckless Driving, or certain Driving While Suspended convictions, a reckless driving conviction could result in a 10 years habitual traffic violator suspension.
 

Hiring an Attorney in Bloomingon, Lafayette, Fort Wayne or Anderson to Defend Your Reckless Driving Charge

If you are charged with reckless driving in Indiana, you need an attorney who will attack the evidence. You also want a lawyer who understands Indiana’s habitual traffic violator laws, to protect you from a 5 or 10 years license suspension. Gibson Law Office has a statewide practice and we have defended traffic cases in every region of Indiana. Indiana has a lot of country roads and speeding is not unusual in rural areas. However, speeding alone is generally insufficient to support a reckless driving conviction. Our traffic defense attorneys in Lafayette, Bloomington, Anderson, and Fort Wayne always offer a free consultation. If you are charged with a traffic crime in Indiana, shouldn’t you speak with an experienced legal team?   

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