Indiana Reckless Driving

[arsohn]

What is the name of your state? Ohio
I currently reside in the state of Ohio however I was recently pulled over in the state of Indiana where I was pulled over for speeding at 107mph and I recieved a speeding ticket and a reckless driving citation. For the speeding ticket all I am required to do, is to pay the fine, however for the reckless driving citation, I am required to make a court apperance, this citation I was told by the state tropper assigning me the ticket, is a misdemeanor. Because I am an out of state resident, do I need to show up for the court date? I was told that Ohio does not recognize traffic convictions from other states however they do recognize traffic tickets, therefore would it be benefical for me to just pay the speeding ticket and ignore the reckless driving citation? I also have no prior traffic record and this is the first time I have ever been pulled over, so if it is recommened for me to attend court, what should I expect sentencing wise? Also are there any documents I need to bring with me to court besides the ticket?

 

[wirry1422]

Whomever told you that Ohio does not recognize Indiana traffic convictions is just plain wrong. Both states are members of the driver's license and non-resident violators compacts. Try googling those terms and you will see the implications they have for you. Basically, if you ignore the speeding ticket, it will be recorded as a conviction with points on your Ohio license. Additionally, if you don't pay the speeding ticket fine, you will loose your driving privelages in Indiana, meaning that you will be arrested and your car towed if you are pulled over while driving in Indiana. That is just for ignoring the speeding ticket. If you ignore the misdemeanor reckless driving charge, your Ohio driver's license will automatically be suspended, making it illegal for you to drive or obtain a license anywhere in the nation. Additionally, a warrant for your arrest will be issued state-wide in Indiana. The suspension will remain in effect until you respond to the charge. It is irrelevent whether your driving record is clean or not, you are looking at a serious charge, and you must take care of it. Where your clean record will come into play, is if you follow all the rules and show up to court remorseful, it is likely the reckless driving charge will be dismissed in light of your clean record, or at least it will be reduced from a misdemeanor to a petty traffic offense such as negligent driving. This is good for you because you will not end up being arrested, having you insurance cancelled and your license suspended indefinitly, large fines and court costs, and you will avoid a criminal record. But don't take my word for it; you could always learn the hard way.

 

[arsohn]

Thank You

Thanks very much for your assistance, before this I have recieved no help or advice, it is greatly appreciated. Also is it recommened or necessary to get a lawyer? I'm a college student, so money is sort of sparse, also is there any documentation that I need to bring with me to court? Again thanks for your assistance, it was greatly appreciated.

 

[wirry1422]

Yes, definitly hire a lawyer, it will cost between 100-300 dollars but it will be money well spent. It is usually not neccessary for a petty moving violation, but it is much more advisable for a misdeamenor charge. Also, you will usually not be on the hook for any money if the lawyer is unable to get the charge dropped or reduced. He will almost certainly be able to get the charge dropped or reduced more effectively than you could on your own. It will be worth it in the long run to avoid having a criminal record, and sky high insurance premiums. With the lawyer, and in light of your clean driving record, you will almost certainly get the reckless charge dismissed, or at worst reduced to something like negligent driving. So try to have mom/dad borrow you some extra dough to bail you out of the situation. As far as documents go, i can't really think of anything special other than the citation and other correspondence from the court. Like i said, get the lawyer, and he will advise you of anything specific you need to bring. And whatever you do, show up to court on time (don't speed to get there), and well dressed.

 

[arsohn]

Thanks

Again thanks for your prompt response, the final question I have, as far as the date of court apperance, is that also the same day that the trial will take place? Meaning do I need a lawyer to come with me on the day that it says on my ticket? Or will there be another day that I will have to arrive in court for? Thanks Again.

 

[wirry1422]

Although it can vary from county to county, in general for petty moving violations like speeding or running a stop light, the court date on the ticket is the trial date. However for misdemeanors, generally the first court date is the "arrainment" (sp). This is the time that the charge is read into record and your plea (ie. guilty, not guilty, no contest) is taken. Since you got a petty violation (speeding ticket) in conjunction with the misdemeanor, both will likely be handled at once, meaning that the date on the citations will serve as the arrainment for both charges. It is not neccessary to have a lawyer present for the arrainment date, as your plea will be taken, and any bond will be set (not applicable for you). Simply plead not guilty to both charges and at that point the trial date will be set. That is show time for any lawyer you retain. There is a slight possibility that the court, depending on its own rules and its volume of misdemeanor cases, may have a "fast track" system for violations such as yours and in that case the arrainment and the trial would all be on the same court date (date on citation). If you show up to the first court date, and that turns out to be the trial date, plead not guilty and request a continuance for the trial to a later date, as you wish to retain council. You are allowed one continuance in general, and it must be requested in person at the initial date. You could also simply call up the court clerk at the phone number listed on your citation, tell him the charges and ask "if there will automatically be a second court date set for the trial, or do i need to request a continuance". Although it is not neccessary to have a lawyer present at the first court date, you definitly should work on retaining one asap. For a case such as yours, they will usually charge a flat rate for the case, not by the hour. And if you can hire one before the initial court date, he may be able to take the prosecutor aside before the arrainment and convince him to drop or reduce the charge, in which case you could avoid a second court appearance out-of-state, which is annoyingly time consuming.