Dear smack-ga;
Thank you for allowing me an opportunity to answer your interesting
question. Here is the exact verbiage of state statute you are asking
about:
?What is the text of statute of # 9-21-8-41??
IC 9-21-8-41
Traffic control devices; obeyance of instructions; highway worksites;
extraordinary care; safety controls
Sec. 41. (a) A person who drives a vehicle or street car may not
disobey the instructions of an official traffic control device placed
in accordance with this article unless otherwise directed by a police
officer.
(b) When a traffic control device or flagman is utilized at a worksite
on a highway for traffic control, a person who drives a vehicle shall
exercise extraordinary care to secure the mutual safety of all persons
and vehicles at the worksite.
(c) All traffic shall observe and obey traffic control devices
including signals, signs, and warnings, and all directions, signs, or
warning devices that may be given or displayed by a police officer or
flagman to safely control traffic movement at a worksite and promote
safety at a worksite.
As added by P.L.2-1991, SEC.9.
http://www.ai.org/legislative/ic/code/title9/ar21/ch8.html#IC9-21-8-41
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?May my attorney appear on my behalf??
Being in law enforcement myself for more than 20 years I can safely
tell you in most instances, municipal courts require a person to
physically appear in court unless there is a valid reason why his
attorney should appear in his behalf ? and generally speaking, the
result is a continuance until such time as the person can appear in
person. Since we cannot provide legal advice here (by policy) and we
are limited to providing only facts, I cannot say whether you ?should?
or ?should not? appear in person. The best I can do is to recommend
that you pose this portion of your question to your attorney or call
the court and make inquires there as to whether or not you can have
your attorney appear in court in your behalf.
As an example - I contacted Marion County (Indianapolis, In) ? their
published rules are worded this way:
?If you choose to deny the violation, you may deny the ticket and
request a court trial in front of a judge. A notice of your trial date
will be mailed to the address listed on the ticket unless you provide
a different address. You MUST APPEAR on the trial date. If the court
finds against you a fine may be assessed up to $10,000 plus court
costs.?
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?Is this a moving violation??
Yes, in Indiana, as in most other states, disobeying a traffic device
or instructions is considered a moving violation.
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?Can this ticket be paid prior to court date??
Normally, YES. In lieu of appearing in court and contesting the
citation, you can follow the instructions on (probably on the back of)
the ticket and simply pay the fine. This is considered a plea of ?no
contest? and is entered onto your record the same as a guilty verdict
would be. The difference is, by paying the fine you have no lawyer
fees and added court costs (which can sometimes even exceed the amount
of the fine). THE EXCEPTION HERE ? AND THIS IS IMPORTANT ? is if the
officer issuing the citation specifically ordered a mandatory
appearance. If so, it is likely indicated on the citation itself or
you can call the number on the ticket and ask them if your citation
was recorded as a mandatory appearance. In addition, your attorney
should be able to make this determination for you.
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?What is the maximum on record for a fine for this offense regarding this statute??
Fines vary from one jurisdiction to another due to local add-on costs.
There is no feasible way to poll every court in the land for every
year this particular law has been in existence to compare which court
imposed the largest fine or levied the longest suspension for this
violation. I can however tell you that the minimum and maximum point
assessment per moving violation (as mandated by the Title 140) is 2-8
points. In this instance, with regard to this particular violation, a
point assessment of 4 points has been standard. However, of late, the
maximum point assessment has been raised now to 6 points. Points stay
active on your driving record, for two (2) years from the conviction
date of the citation for a violation of Indiana traffic laws.
INDIANA GENERAL ASSEMBLY
http://www.in.gov/legislative/register/Vol25/03Dec/08Q140010075.pdf
To determine the amount of the fine, you will need to call the number
provided on the ticket. Each jurisdiction begins with a mandated
amount and adds to that fine whatever amount they are entitled to
include funding of local projects, etc. In addition there may be a
processing fee that also tends to vary from one jurisdiction to
another.
To add to the complexity of levying fines and determining which
jurisdiction has imposed the greatest punishment for such an offense,
one must take into consideration the accused party?s prior record
which also comes into play when the court weighs the evidence and
imposes a sentence (habitual offenders or offenders with accumulated
point closer to 17 ? which is the maximum allowable - are dealt with
more severely). Having said that, there is no real way to know who got
the greatest punishment in state history for violation this law.
Generally speaking - as an example I contacted Marion County
(Indianapolis, In) ? the fine for this violation is $150. This is
probably much the same throughout the state.
MARION COUNTY CLERK?S OFFICE
http://www6.indygov.org/clerk/traffic/
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I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
INDIANA GENERAL ASSEMBLY
http://www.in.gov/legislative/ic/code/title9/
INDIANA LEGISLATIVE SERVICES AGENCY
http://www.ai.org/legislative/ic/code/title9/ar21/ch8.html#IC9-21-8-41
INDIANA DRIVING LAWS
http://www.statedrivinglaw.com/indiana-driving-law.html
TITLE 140: BUREAU OF MOTOR VEHICLES
http://www.indianalaw.to/inpoints.html
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