Can I Be Charged With A Misdemeanor For Excessive Speeding?

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I recently got a speeding ticket for doing 110 in a 70. The 70 (mph) was on an Interstate road in Edgewood Indiana (Madison County). It was around 4:00 in the morning and there were no other cars on this strip of highway I was not under the influence of any substances. As I passed a police officer parked in the median of the highway I pulled over before he could pull me over because I knew I had made a mistake. He gave me speeding ticket and sent me on my way. My court date is on Thursday and I need some advice. I have a prior ticket (failure to stop or yield) on my record and I would like to know if this would affect me? Also, I called the Edgewood Courthouse to inquire about the ticket and was told that I would have to go to court because I could possibly be charged with a misdemeanor. I was wondering the likelihood that I would be charged with a misdemeanor and or have to face jail time? I have no criminal record, just the two tickets.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The consequences of this ticket are going to be left to a substantial amount of discretion. The prosecutor will have discretion as to whether or not to charge you with a misdemeanor. The judge will have a certain amount of discretion as to whether the prosecutor has provided the evidence meeting all of the elements of the charged misdemeanor. The judge will also have broad discretion as to any sentencing that may stem from a guilty decision. The prosecutor and the court will consider mitigating and aggravating factors to help them make their decisions. From what you say, you have two significant aggravating factors: the fact that you were substantially speeding, and the fact that you do have a prior ticket. On the other hand, you appear to have several mitigating factors: you cooperated with the police, you only have one prior ticket on unrelated conduct, no drugs or alcohol appear to be involved, and you have no criminal history. It is not possible to predict whether or not the prosecutor will decide to charge you. However, there is a good chance that if you are charged, you could face a very light or even suspended sentence. You may even consider a plea bargain if it is offered. Be sure, however, that you understand any unintended consequences of a plea bargain, such as increased insurance rates. If you want more specific information, or if you decide to try and fight your ticket, you should contact a local attorney that has experience with traffic tickets and traffic court.



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Author: House Attorney