What are the Penalties for Speeding in Indiana?

Criminal Defense
What are the Penalties for Speeding in Indiana?

June 22, 2022

Every driver who was issued a ticket was forced to pay a $135.50 appearance cost just for the court fees. Depending on how fast you were going and where the speeding occurred, fines range from $180 to $210. You also accrue points on your license and your insurance premiums will likely increase.

In Indiana, there are two types of speeding tickets. At the discretion of a prosecutor, if you are driving recklessly under the conditions, you can be charged with a Class-C misdemeanor. New language proposed in 2022 would change the rule so that anyone caught driving more than 26 miles per hour over the speed limit would automatically qualify for this speeding enhancement.

Today, 26 miles per hour over the speed limit will often get you a misdemeanor charge and the maximum amount of points on your license, but not necessarily. The prosecutor has discretion to consider all the other variables such as the weather, the presence of other vehicles on the road, and your reasons for driving so fast. In fact, they can place this charge on a driver driving at any speed so long as they can prove that the driver acted recklessly in the operation of their vehicle. On the other hand, you could be going 40 mph over the speed limit and still end up with a basic infraction.

Misdemeanors and Infractions

A traffic infraction is a simple moving violation. It will add points to your license, cost you money, and cause your insurance premiums to spike. A misdemeanor is much worse. It will also do all of the aforementioned, but it could result in jail time. While few go to jail for traffic-related offenses, it does happen when someone is injured or killed due to reckless driving. The new rule could reduce the bar for reckless driving making it easier to secure actual criminal violations against defendants.

This should scare you. Those with clean driving records can often work diversion programs to avoid points on their license and insurance upcharges. Those who are facing misdemeanors can seldom invoke the same programs. Those with a clean driving record could find themselves facing actual criminal charges over a few files an hour.

Aggravating Factors

There are certain aggravating factors that could increase your speeding ticket. These almost always involve protected zones. Protected zones include school zones, residential neighborhoods, and work (construction zones). If you are maneuvering your vehicle through these zones, you need to be extra careful. Vulnerable workers and children are often killed in these scenarios. The legislature is now under pressure to reduce the number of speeding deaths across the state. Expect the laws, fines, and adjudication of speeding violations to increase while that remains the case.

Talk to a Fort Wayne Speeding Ticket Defense Attorney

Now is not a great time to drive around fast. With traffic deaths spiking, the legislature is under pressure to crack down. The Bellinger Law Office knows how much damage a traffic violation can do. Call today and let us help you fight the ticket. 

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