Some Law Changes I'd Support In Indiana

[Denny347]

Yes, this was 7 months ago and like I said, he's been to court, pleaded no contest, and didn't have his 3 other probations revoked.

An officer at the scene was in court and told us his vehicle was sitting at his girlfriend's house.
The officer was going to charge him again if he showed up for court driving, but he wasn't.

As to the other,
If someone is in a stolen, borrowed or rental vehicle, there would need to be exemptions, like there are with all other laws...

Revoked is different than suspended.
While you *Can* be arrested for suspended licence, it's mandatory on revoked licence. (No drivers license violations are mandatory arrests)
A revocation would land this idiot in jail no matter what, while suspended it's officers decision, as in unpaid parking tickets, nothing you might not know about and isn't a felony... (Suspended license is a misdemeanor. Parking tickets are civil fines only. Habitual Traffic Violator HTV is the only felony for driving license crimes)

Road Raging IS ILLEGAL, ("Road Rage" is a state of mind, not a driving action)
It's aggressive driving, endangerment of others. (See below)
Not to mention all the traffic violations road rangers rack up.

The issue is, in Indiana video isn't enough, the officer has to see the road rage to be charged with road rage unless you capture a felony, they just won't do anything about it. (Correct. Indiana law requires an officer to physically witness a misdemeanor in order to make an arrest with some exceptions...and most traffic laws are not exceptions.)

Much to the credit of the officer, he did try to book the guy on road rage, all the traffic offenses caught on the video, but the CLEO/DA wouldn't move forward with charges. (Because there was likely no PC for it but the officers are trying to play nice)
They also wouldn't drug test the guy, even through he was on probation for 3 drug offenses, 2 involving car crashes. (Was there PC for a warrant for a blood draw? Probably not)

The officer out right told me they won't do much unless the guy kills somebody...
There is a reason he's looking for another department & has applied to state police. (Doesn't change state law)

Reckless driving has very specific actions that are required to meet this statue. We have no aggressive driving codes in Indiana, Reckless Driving is it.
IC 9-21-8-52
Sec. 52 . (a) A person who operates a vehicle and who recklessly:
(1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
(A) endanger the safety or the property of others;  or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwise permitted;  or
(4) speeds up or refuses to give one-half ( 1/2 ) of the roadway to a driver overtaking and desiring to pass;
commits a Class C misdemeanor.  However, the offense is a Class A misdemeanor if it causes bodily injury to a person.
(b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway or a private road when the arm signal device specified in IC 9-21-12-13 is in the device's extended position commits a Class A misdemeanor.  However, the offense is a Level 6 felony if it causes bodily injury to a person, and a Level 5 felony if it causes the death of a person.
(c) If an offense under subsection (a) results in damage to the property of another person, it is a Class B misdemeanor and the court may recommend the suspension of the current driving license of the person convicted of the offense described in subsection (a) for a fixed period of not more than one (1) year.
(d) If an offense under subsection (a) causes bodily injury to a person, the court may recommend the suspension of the driving privileges of the person convicted of the offense described in this subsection for a fixed period of not more than one (1) year.
(e) In addition to any other penalty imposed under subsection (b), the court may suspend the person's driving privileges:
(1) for ninety (90) days;  or
(2) if the person has committed at least one (1) previous offense under this section or IC 9-21-12-1 , for one (1) year.

 

[JeepHammer]

I would support life without parole for molestation/rape of children under 13 years.
Add to that no plea bargains, trial or guilty plea.

A couple states have these laws, and absolutely no one can say they didn't know that child wasn't of age...

 

[BigRed]

The solution is laws and more laws..... color me shocked.

 

[churchmouse]

OK you

Probably not...
Although you might have seen some of the video I've taken.
My buddy likes to post idiot driver videos so I give them to him.

On the other hand, what are the chances YOU are one of the road rangers/idiot drivers in the videos since you defend road raging, blame victims, etc?

Like this snarky comment reply,
CHECK YOUR MORAL COMPASS!

are once again going to far over the limits.
You cast aspersions to other members, yet you besmirch one right in this thread for no more than stating what he sees and yes he sees them as he is an attorney. And JHarmon is LEO in high standing with a local department. So he is in the know on the legality's of what you speak.
Just because someone (who is most likely right) does not agree with you it is just idiotic as to how you respond.
This is growing very old. I understand full well the level of angst you feel but that still does not make this right.

Please do not make me lock you out of your own thread as I will.

 

[churchmouse]

After reflecting on this I unlocked the thread and have as yet not brought out the hammer.
The reason for unlocking is to allow this to run its course. That being anyone stepping over the line gets punted off the site.

We no longer allow trollish behavior. If in discussion someone disagrees in a civil manner your response to this should be in the same civil manner. If not pack your bags.

Nuff said.

 

[Ingomike]

Reckless driving has very specific actions that are required to meet this statue. We have no aggressive driving codes in Indiana, Reckless Driving is it.
IC 9-21-8-52
Sec. 52 . (a) A person who operates a vehicle and who recklessly:
(1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
(A) endanger the safety or the property of others;  or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwise permitted;  or
(4) speeds up or refuses to give one-half ( 1/2 ) of the roadway to a driver overtaking and desiring to pass;
commits a Class C misdemeanor.  However, the offense is a Class A misdemeanor if it causes bodily injury to a person.
(b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway or a private road when the arm signal device specified in IC 9-21-12-13 is in the device's extended position commits a Class A misdemeanor.  However, the offense is a Level 6 felony if it causes bodily injury to a person, and a Level 5 felony if it causes the death of a person.
(c) If an offense under subsection (a) results in damage to the property of another person, it is a Class B misdemeanor and the court may recommend the suspension of the current driving license of the person convicted of the offense described in subsection (a) for a fixed period of not more than one (1) year.
(d) If an offense under subsection (a) causes bodily injury to a person, the court may recommend the suspension of the driving privileges of the person convicted of the offense described in this subsection for a fixed period of not more than one (1) year.
(e) In addition to any other penalty imposed under subsection (b), the court may suspend the person's driving privileges:
(1) for ninety (90) days;  or
(2) if the person has committed at least one (1) previous offense under this section or IC 9-21-12-1 , for one (1) year.

Also, “road rage” falls under aggressive driving. 3+ violations from a specific group of violations can constitute aggressive driving. It’s more specific than just “road rage,” which can be flipping people off, cussing them out, whatever.

I had heard that aggressive driving is as jsh described it requiring three from a list of offenses, which is a very serious offense when charged. Many jurisdictions have never seen that charge, I learned. It was charged to an acquaintance but when the issuing officer was challenged on the charge he withdrew it and wrote an illegal lane change instead.

 

[jsharmon7]

I had heard that aggressive driving is as jsh described it requiring three from a list of offenses, which is a very serious offense when charged. Many jurisdictions have never seen that charge, I learned. It was charged to an acquaintance but when the issuing officer was challenged on the charge he withdrew it and wrote an illegal lane change instead.

9-21-8-55 is the code for aggressive driving.

I would guess it’s very rarely ever charged. An officer would have to witness the incident, which is unlikely. They would then half to observe at least three of the things mentioned. Probably enforced as much as the left lane law would be my guess. I would say your friend’s story is likely typical in that prosecutor’s don’t want to fight with it.

 

[indyjs]

Seems ironic. If only people could be responsible

 

[Denny347]

I had heard that aggressive driving is as jsh described it requiring three from a list of offenses, which is a very serious offense when charged. Many jurisdictions have never seen that charge, I learned. It was charged to an acquaintance but when the issuing officer was challenged on the charge he withdrew it and wrote an illegal lane change instead.

I totally forgot about this code. After witnessing the required violations, it's still just an A misdemeanor.

 

[Ingomike]

I totally forgot about this code. After witnessing the required violations, it's still just an A misdemeanor.

Sure scared the heck out of my friend…

 

[Denny347]

Probably enforced as much as the left lane law would be my guess.

Semi's in the left lane?

 

[tackdriver]

Just off the original post, I was really looking forward to this thread. I've got some real personal attachment to the original topic. Then...never mind.

 

[Old Dog]

As to forfeiture of the vehicle in hit and run, That is a nightmare.

So if I borrow your car and perform a hit and run, You are OK with losing YOUR car because *I* was negligent? How is that fair to you?

If you borrow his gun and then commit a crime with it, he will likely lose his gun for a long time , maybe even permanently. No less fair is it? Always a problem when the property is owned by someone else.

 

[Alpo]

 

[Itchytriggerfinger]

I'd support a law that all pictures posted on INGO and not inserted as a full size image should be an instant 24 hour ban.

 

[jsharmon7]

Semi's in the left lane?

I meant the one about 3 or more cars behind someone in the left lane when they aren’t passing or turning. I really don’t know the ins and outs because it doesn’t come into play where I’m at. I heard from ISP that few tickets have been written on it. I do see semis in the left lane of 465 occasionally, signs be damned I guess.

 

[K_W]

I have been in 7 wrecks in 20 years of driving. 6 were not my fault, 4 of those were rear-ends, 1 was a possible OWI that could have crippled me, 2 of them totalled my vehicle... I now have dash cams in all 3 vehicles... It's VERY aggravating to capture clear evidence of dangerous or reckless driving on camera, and the police just don't care.

 

[K_W]

I meant the one about 3 or more cars behind someone in the left lane when they aren’t passing or turning. I really don’t know the ins and outs because it doesn’t come into play where I’m at. I heard from ISP that few tickets have been written on it. I do see semis in the left lane of 465 occasionally, signs be damned I guess.

I drive 465 on the NE side 2x every work day... There is effectively no speed limit anymore as there has been almost no speed enforcement for most of Covid, the one Trooper just sits under the Shadeland bridge once a week. In the morning, from I-69 to I-70, traffic flows at 75-80 in the left lane, and the same from 56th to past Keystone in the evening... yet some A-hole is ALWAYS tailgating somebody because they feel it's ok for them to do 85-90 in a 55.

If I and the guy in front of me are doing well over 55 and moving faster than the guys to our right... they are waiting. I am not wedging myself into slower traffic to please them. Left lane laws be damned.

 

[sparky32]

I'd support a law that all pictures posted on INGO and not inserted as a full size image should be an instant 24 hour ban.

 

[qwerty]

This thread should be renamed, "I would like to speak to the Manager".