I 65 Ticket

[dmarsh8]

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.

It is the internet. Oh well, been fun.

 

[Dirtebiker]

Yeah, why should people take the responsibility to inform themselves.

So, every time we get heavy snow or sub zero temps, we should call the State Police to see if we are allowed to drive?

 

[Landon]

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.


IC 10-14-3-34
Offenses
Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.

IC 35-50-3-3
Class B misdemeanor
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand
dollars ($1,000).


Sounds like some pretty serious stuff and I doubt ignorance of the emergency warning will get you out of it in court. Its always the operators responsibility to be aware of current conditions.

 

[mom45]

Since working at the Family Express is NOT considered an essential job (ie firefighter, nurse, doctor, emergency worker), you should have the cops talk to her boss. He is asking her to break the law by coming in to work.

She was afraid to challenge her boss on this. Family Express posted on their facebook page about how many stores they had open and how the few that weren't open should be reopened today. TONS of people were posting about boycotting them for not closing and causing people to risk their lives to run their stores. It really blew up on them.

The tow truck is bringing her home tonight so at least I know she won't be in the ditch. Her car sat there all day yesterday and today and the battery is now dead, dead, dead....won't jump. My husband could go and change it for her, but I told him this needs to be a tough love learning lesson for her. She made the choice to go out in this, and I am not going to have him die trying to rescue her. He has already had one heart attack and does not need to be out in this cold working on her car. We haven't even been able to get our driveway opened up yet due to the cold. The block heater is on the tractor but it wouldn't start today...maybe tomorrow.

 

[Gordy]

I sat up until 2am last night listening to the scanner. There were dozens of cars stranded on I65 near Lowell because a semi jack-knifed blocking the road. State had to drive two payloaders for three hours just to get to them so they could be "rescued". The cars were snowed in on the road by that time and had to be towed so the plows could clear the road. If your job is that important, tell your boss to make arrangements to have you transported to work. I heard some calls where the cops were taking medical folk to work and warming shelter workers.

 

[Expat]

So, every time we get heavy snow or sub zero temps, we should call the State Police to see if we are allowed to drive?

Or listen to the radio, watch TV or check the internet.

 

[actaeon277]

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.


IC 10-14-3-34
Offenses
Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.

IC 35-50-3-3
Class B misdemeanor
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand
dollars ($1,000).


Sounds like some pretty serious stuff and I doubt ignorance of the emergency warning will get you out of it in court. Its always the operators responsibility to be aware of current conditions.

Knowingly, intentionally, or recklessly.

 

[KJQ6945]

All I can say is WOW!

If I don't go to work, I could get fired. If I try to go to work, I could get a ticket. If I get a ticket, I can ***** about it on INGO. If I ***** about getting a ticket on INGO, somebodies gonna get banned.

 

[Landon]

Knowingly, intentionally, or recklessly.

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

 

[Frank_N_Stein]

Knowingly, intentionally, or recklessly.

The state only has to prove one of the three.

 

[IndyGunworks]

Knowingly, intentionally, or recklessly.

That's what I saw as well. I would fight this one also. ESP, if what the OP says is true that his power was out for two days, even though the ticket was given only 1 day into this storm so his power had been out since before the storm hit.

It would be pretty tuff for the issuing officer to prove he KNOWINGLY violated this ordinance. Should be a pretty quick in and out dismissal. With that said though, is a class b misdemeanor a "ticket"? or would it require appearance in court anyways? If it does require an appearance wouldn't a public defender be assigned? If so he should be able to poke a million holes in this one also.

 

[Landon]

The state only has to prove one of the three.

And I imagine recklessly would be the one they hang their hat on.

 

[swampdonkey]

this has been the most entertaining thread to follow for the last few hours! just think a couple hours ago i had no idea what a J- wagon was!

 

[gunbunnies]

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.


IC 10-14-3-34
Offenses
Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.

The problem with this stipulation of the code is that the officer has to substantiate that the motorists has in deed knowingly, intentionally, and recklessly violated the road closure which if the first interaction with the officer was as stated he clearly didn't do.

If I read this correctly though this was in Porter Country and you will loose any court battle if you have the hearing in Porter Country, best to get a change of venue based on requiring a fair and impartial hearing on the ticket...

It is really beyond me and the concept of a free America that the right of travel can be taken away without any recourse, a sign of the times we live in I guess... 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...

 

[IndyGunworks]

The state only has to prove one of the three.

How would the state prove that the OP did indeed KNOW the road was declared closed if there were no signs? Again, if this went down exactly as the OP says, should be an open and shut dismissal.

 

[KLB]

The state only has to prove one of the three.

How do you prove someone driving knowingly, intentionally or recklessly violated the warning?

I suppose the person could self incriminate, but short of that?

 

[IndyGunworks]

It is really beyond me and the concept of a free America that the right of travel can be taken away without any recourse..

UHHHH, driving on public roads is a privilege not a right, and when you get your license you agree to all these silly terms. I am not sure where you got the idea the it was a RIGHT.

 

[mom45]

I know a lot of you are not on facebook, but INDOT has a facebook page that they keep updated CONSTANTLY based on reports from plow drivers and such. It has been very informative over the past few days regarding road conditions and the status of travel advisories. Indiana department of homeland security has a map that shows what counties have travel restrictions and the status of such. Much of the state is still under the restrictions that allow for only emergency personnel...all of the counties in red.... DHS: County Travel Status

 

[KLB]

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.


IC 10-14-3-34
Offenses
Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.

The problem with this stipulation of the code is that the officer has to substantiate that the motorists has in deed knowingly, intentionally, and recklessly violated the road closure which if the first interaction with the officer was as stated he clearly didn't do.

If I read this correctly though this was in Porter Country and you will loose any court battle if you have the hearing in Porter Country, best to get a change of venue based on requiring a fair and impartial hearing on the ticket...

It is really beyond me and the concept of a free America that the right of travel can be taken away without any recourse, a sign of the times we live in I guess... 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...

Nope. Lake County. 65 doesn't go through Porter County.

 

[Landon]

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.

The issue of the location of the cop is irrelevant. The whole county was (is) under an emergency warning. The ticket can be written on any road in the county. If he was sitting at the bottom of the ramp he still could have issued the ticket.