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.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)
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.