The police stopped a woman and her friend for failing to wear seat belts. After stopping her, the police officer questioned the driver about where she was going. She provided answers that did not make sense and acted nervously. Her passenger told the officer that she was trying to avoid the police. The police officer recognized the driver and knew she was on a list of people who were only allowed to purchase limited amounts of ephedrine because of past criminal history involving methamphetamine use. He questioned her about her recent purchases of ephedrine. He then asked for consent to search her vehicle and belongings. The driver actually consented to him searching. He then found methamphetamine in her purse. According to the Indiana Court of Appeals police conducted an illegal search of the woman’s purse after stopping her and her friend for failing to wear seat belts.

The Appellate Court held that the officer was not allowed to search her purse based upon these facts and suppressed the evidence. When the Indiana Legislature passed the law mandating people wear seat belts the law specifically stated that it did not provide reasonable suspicion for police to expand their investigation. What constitutes an illegal search and seizure depends on the particular facts of your situation and current Indiana and federal law, which is constantly evolving.

A Lafayette, IN traffic violations lawyer knows that when a driver is issued a ticket, their first reaction is to pay it without ever going to court to fight it. However, what many drivers don’t realize is that when you pay that ticket – which is an admission of guilt to the violation – you aren’t just paying a fine. You may end up with points on your driving record, increased insurance premiums, or even more serious consequences like license suspension. If you have been cited for any of the following, call Hall-Justice Law Firm LLC to see what your legal options are for fighting the citation.

Speeding

Speeding is one of the most common traffic violations. It occurs when a driver exceeds the posted speed limit or drives too fast for current road conditions, such as during bad weather. Speeding tickets can vary in severity depending on how far over the speed limit the driver was traveling. For example:

• Minor speeding violations: Driving slightly over the speed limit might result in a small fine and a few points on your driving record.
• Excessive speeding: Driving significantly above the speed limit or in a school zone can result in heftier fines, more points, and possibly a reckless driving charge.
• Speeding in work zones: Many states impose higher penalties for speeding in construction zones to protect workers.

Law enforcement uses tools like radar guns, speed cameras, and pacing methods to determine if a driver is speeding. Defenses to a speeding ticket include challenging the accuracy of the equipment used or proving that signage was unclear.

Running A Red Light Or Stop Sign

Another frequent traffic violation is failing to stop at a red light or stop sign. This type of infraction is particularly dangerous because it increases the risk of accidents at intersections. Violations in this category include:

• Rolling stops: Not coming to a complete stop at a stop sign.
• Red-light running: Entering an intersection after the traffic light has turned red.
• Failing to yield: Ignoring right-of-way rules when required to stop.

Some jurisdictions use automated cameras to issue tickets for red-light violations. These tickets are typically mailed to the registered owner of the vehicle. Defenses for these violations often involve proving the camera was faulty, or the driver stopped legally but safely before proceeding.

Improper Lane Changes

Improper lane changes occur when a driver switches lanes without following proper procedures or endangers others on the road. Examples include:

• Failing to signal: Not using a turn signal to indicate a lane change.
• Cutting off other drivers: Changing lanes without ensuring there’s enough space.
• Crossing solid lines: Moving into another lane when it is prohibited by solid white or yellow lines.

These violations can lead to tickets, especially if they result in accidents or near-misses. Law enforcement officers often issue these tickets based on their observation of unsafe driving behavior. Defenses that a Lafayette traffic violations lawyer might be able to use include challenging the officer’s perspective or showing that the lane change was necessary to avoid a hazard.

Reckless Or Careless Driving

Reckless or careless driving is a more serious category of traffic violations. This charge is issued when a driver’s behavior is considered intentionally dangerous or shows disregard for the safety of others. Examples include:

• Tailgating: Driving too closely behind another vehicle.
• Excessive speeding: Going well above the speed limit, often accompanied by aggressive driving.
• Street racing: Participating in illegal racing on public roads.
• Weaving through traffic: Changing lanes frequently and unpredictably at high speeds.

Reckless driving can lead to severe penalties, including steep fines, license suspension, and even jail time. Unlike other traffic violations, reckless driving is often treated as a misdemeanor or felony in certain cases. Defenses might involve proving the behavior wasn’t reckless or that the charge doesn’t match the severity of the actions.

Don’t Pay That Ticket Before Talking With Us

If you have received a traffic violation citation, contact Hall-Justice Law Firm LLC before you pay the fine. A Lafayette traffic violations lawyer will evaluate your case to determine if you have a legitimate defense to fight the fine.