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How do I file a motion to quash for a traffic offense in Indiana?
Anonymous3 views2 answers
My son was ticketed for reckless driving based on a statement from a witness. My son was turning around in a gravel drive of a private business back onto the roadway and disturbed the gravel. A witness (unkown to us in person or what his statement contained) called the sheriff deptartment to issue a complaint. Later an officer from our town (not the county) came by and told him he had to return to the business and rake up the gravel. The gravel did not go outside onto the roadway or into the grass. He raked up the gravel and was told it was satisfactory by the officer. The officer then told him he was going to ticket him for reckless driving. We do not believe this was sufficient for a reckless driving charge and want to quash this in relation to sufficient certainty.
This case is probably much more complex than you would imagine. You stated that he received a "ticket" for reckless driving. Most "tickets" are civil infractions. This reckless driving charge, however, is likely being charged as a criminal misdemeanor. If the State of Indiana does not just dismiss this charge, he will likely have to file a motion requesting that the Court dismiss the charge. He will have to present an argument that the facts, assuming there is no factual dispute, are insufficient to support a conviction. This involves presenting both facts and legal standards. If that motion is denied, he still has the right to a trial. At trial, the State of Indiana has the burden of proving that he committed the offense, beyond a reasonable doubt. Again, this is a venture beyond most self-represented litigants. He should probably seek the advice of local counsel if this is the route he wants to go with this case. I wish you guys the best of luck.
I would sit down with an attorney in your State, that being said, if you want to fight the ticket, it will need to be done in Court. Look at the Statute in your state though for the charges, read them and understand them, especially if you do this on your own and understand the burden of proof they need to support the charges.
