What Are The Penalties?

Tue, 29 May 2007 21:19:00 GMT

This varies depending upon the class of misdemeanor or felony charged. Maximum fines range from $500.00 to $10,000.00, maximum imprisonment from 60 days to 8 years. The most commonly charged offenses provide for suspensions of at least 90 days up to 2 years, although a restricted license is possible upon conviction for a first offense. Of course, it is sometimes possible for an attorney to negotiate pleas to reduced charges.

Are There Any Rules Unique To Indiana?

Tue, 29 May 2007 21:19:00 GMT

In Indiana it is illegal to delay three or more vehicles. You are required to pull over and let the other cars pass at the earliest safe opportunity.

Can I Fight The Breath Test?

Tue, 29 May 2007 21:19:00 GMT

Breath testing is inherently inaccurate, because it is based on the ridiculous assumption that every person metabolizes alcohol and expels it into his breath at the same rate. For that matter, even blood and urine tests can be attacked. The ways in which to attack the State's case are numerous and vary from case to case.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser No

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

Should I Make A Statement To A Police Officer When I Am Stopped?

Tue, 29 May 2007 21:19:00 GMT

Never! All the officer needs to know is on your license and registration. Aside from the basic information required to establish your identity or fill out an accident report, decline to answer any questions without your attorney present. If you do more than that, you run the risk of convicting yourself.

So What's The Difference?

Tue, 29 May 2007 21:19:00 GMT

Basically, OWI does not require proof of driving, but rather being in actual physical control of a vehicle. This can happen where a driver is asleep at the wheel with the engine running, for example. Also, the legal definition of "Intoxicated" requires proof of "endangerment". The defendant's impaired condition must have presented a risk of harm to himself or others. There is no requirement to prove impairment in the per se offenses.

What Are Field Sobriety Tests?

Tue, 29 May 2007 21:19:00 GMT

Field sobriety tests, "FSTs", are ways in which the police officer can establish probable cause to arrest you and offer an approved test. You must take every approved blood, breath or urine test offered to you within a 3 hour period after you were operating a vehicle in order to comply with the Indiana Implied Consent Law, but you are not required to take any field sobriety tests. Respectfully decline to take any field sobriety tests, including the PBT (portable or preliminary breath test). If in doubt, ask the officer whether the test is one required by the implied consent law. Be very careful; because FSTs are not "testimonial", they are not considered selfincriminating, and can be used against you even if you are not given the Miranda warning.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants in the vehicle are permitted if driver tests below .04% BAC.
Unloaded firearms are permitted in the vehicle. Firearms must be cased and not easily accessible. A carrying permit is required to transport handguns.
Studded tires are permitted from October 1 to May 1.
Tire chains are not required.
Indiana has a seat belt law with primary enforcement for all occupants.
Indiana has a mandatory child restraint law for passengers under 6 years of age. Children under age 3 must use approved car safety seats.
Indiana has a mandatory motorcycle helmet law for persons under 18 years of age and for all drivers with a learner permit.
Registration must be carried in the vehicle. Insurance card is not required to be carried in the vehicle.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law. Financial responsibility law applicable in the event of an accident. Minimum limits: $25,000/50,000/10,000. Indiana has uninsured motorists law.

What Are The Speed Limits In Indiana?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 30 mph

What Is "Dui"?

Tue, 29 May 2007 21:19:00 GMT

"DUI" is short for Driving Under the Influence. It is shorthand that most people understand, but strictly speaking "DUI" is not a crime in the State of Indiana. "OWI", Operating While Intoxicated is a crime, as are certain socalled per se offenses related to having certain levels of alcohol in one's blood or breath, or controlled substances in one's blood.

What Is "Htv"?

Tue, 29 May 2007 21:19:00 GMT

"HTV" stands for Habitual Traffic Violator, which is what the Bureau of Motor Vehicles designates persons who accumulate several convictions of major traffic offenses, or a single major conviction combined with 9 minor violations, within a 10 year period. The penalty is a 10 year suspension. HTV is why every traffic violation should be taken seriously.

What Is "Post-Conviction Relief"?

Tue, 29 May 2007 21:19:00 GMT

"PostConviction Relief" or "PCR" is a legal remedy whereby a prior conviction can be set aside and you can get a new lease on life. In the traffic law context, it is usually used to overturn HTV status or prevent you from becoming an HTV.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury or property damage exceeding $750 must be reported immediately to the local authorities and within 10 days in writing to the Indiana State Police.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking No
Equipment No
DWI Yes