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Reckless Driving Defense in Indianapolis

Criminal Charge. Real Consequences. Defense That Challenges the Evidence.

A reckless driving citation in Indiana isn’t a traffic ticket you pay and forget. It’s a criminal charge that can result in jail time, a permanent record, and a license suspension. At Rathburn Law Office, P.C., we defend Indianapolis-area clients facing reckless driving charges using the same evidence-focused approach that defines our work in DUI defense. We offer free initial consultations and are available 24/7 by phone or through our online contact form.

If you’re facing a reckless driving charge in Indianapolis or the surrounding area, don’t treat it like a minor citation. Call us at (463) 465-2401 to schedule a free virtual consultation and find out where your case stands.

What Indiana Law Defines as Reckless Driving

Under Indiana Code IC 9-21-8-52, reckless driving covers specific conduct: driving at an unreasonably high or low speed that endangers others or blocks traffic, passing from the rear on a curve or slope with less than 500 feet of visibility, weaving through traffic, and refusing to yield half the roadway to an overtaking driver. The charge is broader than most people expect and narrower than many officers apply it.

The defining element is the mens rea requirement: Indiana law requires that the person acted in plain, conscious, and unjustifiable disregard of harm that might result, and that the disregard involved a substantial deviation from acceptable standards of conduct. In practice, the charge often turns on the officer’s characterization of the driver’s conduct under the circumstances. Indiana courts have also held that speeding alone is generally insufficient to sustain a reckless driving conviction. The state must prove actual endangerment under the specific circumstances. That’s a higher bar than many drivers realize when they accept a plea without counsel.

Penalties for a Reckless Driving Conviction in Indiana

The criminal classification depends on what occurred and who was affected:

  • Class C misdemeanor (no injury or damage): Up to 60 days in jail and a $500 fine
  • Class B misdemeanor (property damage caused): Up to 180 days in jail, up to $1,000 in fines, and a court-recommended license suspension of up to one year
  • Class A misdemeanor (bodily injury caused, or recklessly passing a stopped school bus): Up to one year in jail, up to $5,000 in fines, and possible license suspension
  • Level 6 felony: Recklessly passing a school bus that causes bodily injury
  • Level 5 felony: Recklessly passing a school bus that causes death, with up to six years in prison and fines up to $10,000

Beyond the immediate criminal penalties, a reckless driving conviction adds six points to your Indiana driver’s license. The Indiana BMV classifies it as a major offense, which means it counts toward habitual traffic violator (HTV) status. The consequences compound quickly, particularly for drivers who already carry prior convictions or hold a commercial driver’s license.

Challenging a Reckless Driving Charge in Indianapolis

Reckless driving cases are built on officer observation and subjective judgment, not instrument readings or chemical test results. That structure creates real opportunities for defense. The central questions are whether the conduct actually met the legal definition of recklessness, whether the evidence establishes endangerment rather than just unusual driving, and whether the officer’s account of the incident is the complete picture.

In cases where reckless driving is charged alongside or offered as a reduction from an OWI charge, the technical evidence record becomes critical. Attorney Chuck Rathburn has been court-qualified on breath testing, standardized field sobriety tests (SFSTs), and alcohol’s effects on the human body by trial and appellate courts across multiple states, including Indiana, Alaska, California, New York, and Ohio. He owns the evidential breath-testing devices used in Indiana courts, holds a professional relationship with the manufacturer, and has trained other attorneys on how these devices operate. He is also a certified SFST instructor, a distinction held by very few attorneys nationally, and completed phlebotomy and lab assistant training to evaluate blood and urine test evidence. When the underlying OWI evidence has weaknesses, he’s positioned to identify and argue them.

Why Indianapolis Clients Choose Rathburn Law Office, P.C.

Our practice is focused almost exclusively on DUI defense and complex traffic matters, including commercial driver cases and habitual traffic offender situations. That focus means reckless driving charges, whether standalone or tied to an OWI, receive the same level of technical scrutiny we apply to every case. Chuck Rathburn is regularly consulted by other Indiana attorneys when cases involve complex testing issues or technical challenges, a reflection of the depth of analysis we bring to every file, including yours.

Virtual consultations are available throughout Indianapolis and Central Indiana, keeping high-level defense accessible without unnecessary travel. We’re reachable 24/7 and offer a free initial consultation.

Talk to a Reckless Driving Defense Attorney Today

A reckless driving charge in Indianapolis carries criminal consequences that follow you beyond the courtroom. The earlier you have counsel evaluating the evidence, the more options you can have.

Contact Rathburn Law Office, P.C. at (463) 465-2401 or use our online contact form to schedule your free consultation. We serve clients in Indianapolis and throughout Central Indiana.

Trusted by Our Clients

    Call Chuck!
    “I am always impressed by his knowledge and understanding and ability to think outside of the box.”
    - Mary M.
    Call Chuck!
    "Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"
    - Mary M.
    Worked Hard to Help
    “Chuck was able to get the DUI dismissed to a lesser charge.”
    - John K.
    Worked Hard to Help
    "My first attorney told me I had to plead guilty to DUI because they didn't think I had a defense. Chuck was able to get the DUI dismissed to a lesser charge. He worked hard to help me."
    - John K.
    Outstanding Job
    “When looking for DataMaster training for my staff, I looked no further than Charles Rathburn.”
    - Jon S.
    Outstanding Job
    "When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."
    - Jon S.
    Intense Passion
    “I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”
    - Eric G.
    Intense Passion
    "I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."
    - Eric G.
    Key to Success
    “Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results.”
    - Mark R.
    Key to Success
    "The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."
    - Mark R.