Indiana Code 9-21-8-52. Reckless driving; passing a school bus with extended stop arm; penalty; license suspension
(1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
Attorney's Note
In Indiana, reckless driving can constitute either a misdemeanor or a felony depending on the circumstances. While it might include driving too fast, keep in mind that speeding is a separate offense. For example, section 9-21-5-2 of the Indiana Code prohibits driving over 30 in an urban area. Reckless driving is not about driving above a specific speed, but rather driving in a way that potentially endangers others' safety or property.Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 5 felony | between 1 and 6 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $5,000 |
| Class B misdemeanor | up to 180 days | up to $1,000 |
| Class C misdemeanor | up to 60 days | up to $500 |
Terms Used In Indiana Code 9-21-8-52
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.
[Pre-1991 Recodification Citation: 9-4-1-56.1.]
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.1; P.L.1-2005, SEC.103; P.L.70-2009, SEC.3; P.L.217-2014, SEC.49; P.L.188-2015, SEC.77; P.L.198-2016, SEC.364; P.L.144-2019, SEC.2.