The state of Indiana, in an effort to promote safe roadways, employs both reckless driving and aggressive driving laws, with separate elements of the crime and associated penalties for each offense. Aside from the potential criminal penalties associated with such violations, drivers are also subject to administrative action by the Indiana Bureau of Motor Vehicles as well.
In the state of Indiana, reckless driving is defined as driving at an unreasonably high or low rate that endangers others or their property or impedes flow of traffic. Otherwise, reckless driving offenses include passing from the rear on a hill or curve, weaving in traffic or refusing to allow another driver to pass.
Aggressive driving is defined as three or more of the following acts in single episode of driving: unsafe operating, passing in the shoulder, unsafe or sudden stopping, unnecessary use of horn, failing to yield, failure to follow traffic signals, flashing headlights unnecessarily or driving at unsafe speeds. Additionally, any attempt to use the vehicle to intimidate or harass another violates aggressive driving laws.
Penalties are enhanced for violations in work zones, school zones or construction zones, with further enhancements if the driver is a repeat offender. There are possible additional criminal charges if reckless or aggressive driving results in property damage, bodily injury or death
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless Driving |
Class B misdemeanor |
Up to 180 days of incarceration, with fines not to exceed $1,000 |
8 |
License suspension of at least 60 days, but not more than two years; otherwise categorized as a major offense by BMV |
|
Aggressive Driving |
Class A misdemeanor |
Up to one year of incarceration, with fines not to exceed $5,000 |
8 |
License suspension of at least 60 days, but not more than two years; otherwise categorized as a major offense by BMV |
Points remain active on a driver's license for a period of two years in Indiana. In turn, accumulation of 18 active points on license results in a mandatory administrative hearing. Regardless, reckless driving and aggressive driving citations carry the potential of automatic license suspension at time of the mandatory hearing for offenses.
Except for repeat offenses, most drivers facing reckless or aggressive driving citations will be required to attend traffic school as a means of preventing automatic license suspension, if this is required. However, it is possible, under law, for drivers to face criminal penalties, though this rarely occurs (except for the most egregious violations).
If you are required to attend an administrative hearing or have formal court date, you should bring legal counsel to any proceeding. Not only can a lawyer help with preventing license suspension, but also, if applicable, prevent incarceration and other criminal penalties from arising as well. For more information and insight into Indiana reckless driving laws, consult with an Indiana reckless driving lawyer to learn more about your legal rights and options.