I 65 Ticket

[gunbunnies]

Bacon sounds good right about now...

 

[churchmouse]

Bacon sounds good right about now...

And Gravy.....

 

[actaeon277]

Hey, IANAL. You asked for the code and I provided it.

And thank you.

The state only has to prove one of the three.

So which one?

They declared the state emergency due to the weather. I know as of 4pm the local sheriff here posted that they would issue citations for anyone on the road.

Apparently in a state of emergency due to weather (level 1) they can fine you for being out. It's really for safety reasons. How they go about this and what law allows them to do this I don't know. Maybe further along someone already answered.

Of course its for safety reasons. But are the police going to the KFC that just fed a couple hundred people here at work? Especially since some of those officers are eating there.
How about the gas attendant that takes payment when an ambulance is fueled?
a Menards store that sells someone kero, because they lost power and went thru their supply faster than estimated due to the temp. A citation for all their workers?

Bacon

Of course, always bacon. That goes without saying.

 

[BravoMike]

Lake County was (is, as I write this) under a declared "State of Emergency" restricting travel to emergency only and I-65 (and I-94, for that matter) was officially closed. Travel advisories have nothing to do with it.

Maybe I'm misunderstanding it then and I don't live in Lake County, I'm in Hendricks county. My circumstances may very well be different, but Hendricks County (as are many other counties in IN) is under a "Warning".

The law seems to be contradictory as it says "may be restricted" (red) and then goes on to say that all individuals are directed to refrain from all travel (blue). At the bottom of the law it does state that in order for a "Warning" to be issued, there must be a "declaration of disaster emergency." If this is the case then the majority of the state has declared a disaster emergency.

To me it appears that travel advisory's do have something to do with it. Am I wrong with my understanding?

IC 10-14-3-29.5
Designation of a local travel advisory
Sec. 29.5. (a) If the principal executive officer of a political subdivision issues a local travel advisory as part of an emergency declaration under section 29 of this chapter, the principal executive officer shall designate the travel advisory as falling into one (1) of the following categories:
(1) "Advisory", the lowest level of local travel advisory, means that routine travel or activities may be restricted in areas because of a hazardous situation, and individuals should use caution or avoid those areas.
(2) "Watch" means that conditions are threatening to the safety of the public. During a "watch" local travel advisory, only essential travel, such as to and from work or in emergency situations, is recommended, and emergency action plans should be implemented by businesses, schools, government agencies, and other organizations.
(3) "Warning", the highest level of local travel advisory, means that travel may be restricted to emergency management workers only. During a "warning" local travel advisory, individuals are directed to:
(A) refrain from all travel;
(B) comply with necessary emergency measures;
(C) cooperate with public officials and disaster services forces in executing emergency operations plans; and
(D) obey and comply with the lawful directions of properly identified officers.
Further and more specific restrictions, including parking restrictions, may be included in a "warning" local travel advisory.
(b) If the emergency management agency director or the principal executive officer of a political subdivision determines that conditions within the political subdivision have created the need for travel advisory restrictions without a local disaster emergency declaration under section 29 of this chapter, the emergency management agency director or the principal executive officer may issue an "advisory" or a "watch" level travel advisory.
(c) A "warning" level travel advisory may be issued only after a local disaster emergency is declared under section 29 of this chapter.
As added by P.L.40-2011, SEC.2.

 

[Roadie]

 

[Wild Deuce]

Well as to the op getting a ticket at the top of the ramp I would think the Officer was at fault issuing the ticket. Even with the above code, the rightful position of the officers position would be at the ramps entry to redirect vehicles away from the closed roadway. This not only would have made more sense for unknowing motorists but it would have been safer for said motorists when they were turned back from the closed roadway being forced to drive the wrong way on the ramp and exit in such a manner to endanger any other motorists on the adjoining road.

If the goal was safety (for everyone ... motorists and public safety personnel), you would be correct. If the goal was revenue, he was positioned perfectly.

That said please take in consideration that even though I beleive it is our right to travel regardless of conditions, it is also our responsibility to make said travels as safely as we can and too not expect others to go into harms way to rescue us for our decisions...

Fight the ticket OP... but do it smart...

This sums up my position.

 

[Skywired]

also, that SUCKS. I didn't realize it was possible to pay OVER HALF of your income in tax's.

Well sure.... Obama's got our back.... didn't ya know???

 

[actaeon277]

How about citations for the thousands of workers that showed up to the mill?
Without them, hundreds of thousands of dollars damage.
The mill has a tax base equivalent to approx 800,000 homes if I remember.
All that damage, im sure calls would be made to politicians that need the taxes.

Then, if the mill decides winter causes too much damage, because its workers cant get in.

You can call it B.S.
But to think their money doesnt figure prominently onto decisions....

 

[actaeon277]

Roadie for the win

 

[actaeon277]

Does my going home constitute an emergency. In a little bit, I will be REQUIRED to leave.
I can not live in my Escape.

 

[Hoosier Gal]

Since this weather system has been forecasted for a week and the grocery stores were packed yesterday with shelves totally emptied. I decided that home was the best place to be today - maybe parts of Indiana wasn't that bad, but here there were huge drifts and with the wind picking up any plowing that was done or attempted made no difference.

And this is a pic of a state road near me this afternoon. So yeah, if the plow gets stuck, there's no reason I need to add to it.

 

[DRob]

Amazing! Over 220 replies and I get to be the one who says you are responsible for your own actions.

 

[actaeon277]

Since this weather system has been forecasted for a week and the grocery stores were packed yesterday with shelves totally emptied. I decided that home was the best place to be today - maybe parts of Indiana wasn't that bad, but here there were huge drifts and with the wind picking up any plowing that was done or attempted made no difference.

And this is a pic of a state road near me this afternoon. So yeah, if the plow gets stuck, there's no reason I need to add to it.

And yet thousands of workers made it to the mill today.

 

[Hoosier Gal]

And yet thousands of workers made it to the mill today.

Thats cool. Not sure where the "mill" is, but it must not be around here. As there is no mill that employs thousands in this area.

 

[actaeon277]

22 square miles of steel mill.
Approx 5000 employees, couple thousand managers, couple thousand contractors.
Not including railroad, power, or communications people.
NWI, gary, indiana.

And then there is the "other" steel mill, made up from something like 3 other steel mills.

 

[actaeon277]

Actually, the 5000 may be wrong. I think that is my local union. If I remember right, there are 3 locals.

 

[Dosproduction]

I am still not sold that this ticket was actually issued. And if it was, it should have the IC written on the ticket and we can know for sure exactly what the OP was cited for.

Sorry i did not know about the IC thing some one PMed me about it. If it is the second IC that i told him there is nothing written there. It was a state trooper who issued it. If some one would say exactly where the IC is on the ticket i will tell you the number.

 

[Hoosier Gal]

22 square miles of steel mill.
Approx 5000 employees, couple thousand managers, couple thousand contractors.
Not including railroad, power, or communications people.
NWI, gary, indiana.

And then there is the "other" steel mill, made up from something like 3 other steel mills.

We need more like you - our mail didn't even run. We didn't expect much though since there was a 6' long drift that kept growing out by the mailbox. Nor did we have trash pick up or the newspaper delivered! It was like a repeat of Sunday around here.

 

[CathyInBlue]

knowingly, intentionally, or recklessly

If you didn't know that one's Constitutional liberty can be suspended (and had) by a bureaucrat's fiat and a temp in the negative double digits, it'll be damn near impossible for the State to prove the first element.

If you didn't know driving was verbotten, it will likewise be difficult to prove that his misdemeanory was intentional. This is where the sign at the bottom of the on-ramp would have been nice.

Being as he just cruised right up to the cruiser and asked the LEO politely if he was in need of any assistance himself, the proposition that he was being reckless is less than well supported.

I don't see how the State has an easy row to hoe in this ticket prosecution.

 

[other dave]

I know I can't afford a ticket as all of my discretionary income this month will be going to Duke Energy and NIPSCO.