Daviess County - Indiana Criminal Code 2022

52

TRAFFIC CODE

when meeting another vehicle or pedes trian. 9-21-8-52. Reckless driving. (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 road way 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 misde meanor. 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) or (b) results in damage to the property of another per son, 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 this section for a fixed period of not more than one (1) year. (d) If an offense under subsection (a) or (b) causes bodily injury to a person, the court may rec ommend 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. 9-21-8-53. Contents of summons, etc., for speeding violations; use of speed limits in civil actions. (a) In every charge of violation of a speed regulation under this article, the complaint or affi davit and the summons, warrant, or notice to appear must specify the following: (1) The speed at which the defendant is alleged to have driven. (2) The prima facie or fixed speed appli cable within the district or at the location. (b) The provisions of this article declaring or providing for fixed and prima facie speed limita tions may not be construed to relieve the plaintiff in a civil action from the burden of proving neg ligence on the part of the defendant as the proxi (a) This section does not apply to a law enforcement official engaged in the law enforce ment official’s official duties. (b) For purposes of this section, a person engages in aggressive driving if, during one (1) episode of continuous driving of a vehicle, the per son does or commits at least three (3) of the fol lowing: (1) Following a vehicle too closely in vio lation of IC 9-21-8-14. (2) Unsafe operation of a vehicle in vio lation of IC 9-21-8-24. (3) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6. (4) Unsafe stopping or slowing a vehicle in violation of IC 9-21-8-26. (5) Unnecessary sounding of the horn in violation of IC 9-19-5-2. (6) Failure to yield in violation of IC 9-21 8-29 through IC 9-21-8-34. (7) Failure to obey a traffic control device in violation of IC 9-21-8-41. (8) Driving at an unsafe speed in violation of IC 9-21-5. (9) Repeatedly flashing the vehicle’s head lights. mate cause of the damage alleged. 9-21-8-55. Aggressive driving.