There are many negative consequences that can arise when charged with a traffic infraction so you might want to consider hiring am Indiana traffic attorney with litigation experience to guide you through the process. Whether you are charged with driving while suspended, an alleged Habitual Traffic Violator (HTV), or are a truck driver with a CDL, Potts Law LLC, Indiana traffic attorney, is here to help you.
You do not have to face excessive fines and fees, license suspensions or unnecessary points on your license alone. As a former prosecutor, Kevin Potts has the traffic litigation and legal expertise to assist you in your time of need. You need to know that you may have avenues available to you that can get you back on the road where you belong. Specialized driving privileges (SDP) are available now under most circumstances and you need to know your rights and the specific requirements that accompany such driving privileges.
In Indiana, the Bureau of Motor Vehicles (BMV) is the controlling governmental body regarding the issuing, suspending and revoking of vehicular operating licenses. Under Indiana Code 140 IAC 1-4.5-10, the legislature created a point value table that mandates the BMV apply certain points to certain various traffic infractions when judgement is entered against an individual. The accumulation of these points can have a drastic impact on both an individual’s license status and insurance premiums and typically an even worse result to those holding commercial driver’s licenses (CDL).
140 IAC 1-4.5-4 defines the specific point accumulation on a person’s record and how it affects their license. Here are some examples:
140 IAC 1-4.5-4(2) Twenty (20) points will result in a one month suspension
140 IAC 1-4.5-4(7) Thirty (30) points will result in a (6) six month suspension
140 IAC 1-4.5-4(13) Forty-two (42) points will result in (12) twelve months suspension
140 IAC 1-4.5-4(c) also holds that if, during any twelve (12) month period, an individual accumulates three (3) or more moving traffic infractions, the BMV may upon written notice, require the person to submit to an administrative hearing and be subject to addition sanctions.
Additionally, for purposes of point accumulation 140 IAC 1-4.5-4(a) holds that any and all points assessed for any violation shall become inactive twenty-four (24) months after the disposition date of the violation.
Below is a list of some common moving violations and the points accompanied with a judgement for each offense under140 IAC 1-4.5-10:
Speeding: 1-15 MPH in excess of limit = 2 points; 16-25 MPH in excess of limit = 4 points; Over 25 MPH in excess of limit = 6 points; Failure to yield; obey stop or yield signs = 4 points; Disregarding traffic control signal = 4 points; Following too closely = 6 points; Failure to signal = 2 points; OVWI/DUI = 8 points
Those individuals holding CDL’s are governed by a federal point scheme standard, and is considered to be much more strict than that of non-CDL State standards. Additionally, CDL’s holders are always in jeopardy of either having their CDL suspended or revoked pending moving violation judgments which directly impacts their ability to continue their careers as commercial truck drivers.
Not only do traffic infractions come with fines and fees, but it could cost you much more in the long run if you do not hire an Indiana traffic attorney to attempt to reduce the points on your record. Once you accumulate so many points, you could be deemed a Habitual Traffic Violator and have your license suspended through the Bureau of Motor Vehicles (BMV). Indiana traffic attorney Kevin Potts understands the importance of getting back out there on the road, both for your employment purposes and for the freedoms and privileges that come with it. Don’t roll the dice on your ability to stay on the road contact the right Indiana traffic attorney now. Call PottsLawLLC today for a free consultation! 317-951-0087