Procedure and penalties.
Indianapolis-Marion County Revised Code § 441-394
in effectSec. 441-394. - Procedure and penalties.
(a) Violations of this section shall be punished as follows:
(1) First time violations of section 441-393 shall be punished by a fine not to exceed one thousand dollars ($1,000.00) subject to all limitations contained in applicable state law. Second time violations of section 441-393 shall be punished by a fine of two thousand five hundred dollars ($2,500.00) subject to all limitations contained in applicable state law.
(2) Any motor vehicle used in an illegal street racing, motorcycle stunting, or reckless driving exhibition as defined in this division may be removed and impounded by police. An impounded vehicle may be held in impound for not less than thirty (30) days and not longer than final adjudication of the case, to the maximum extent allowed under state law. The purpose of such impoundment is to abate the nuisance created by violations of section 441-393, to punish violations of section 441-393, and to deter future violations of section 441-393.
(b) Proving a violation. A violation will be based upon an evaluation of a totality of the circumstances. Notwithstanding any other provision of law, to prove a violation of this section, admissible evidence may include, but is not limited to, any of the following:
(1) The time of day;
(2) The nature and description of the scene;
(3) The number of people at the scene;
(4) The location of the individual charged in relation to any individual or group present at the scene;
(5) The number and description of motor vehicles at the scene;
(6) That the individual charged drove or was transported to the scene;
(7) To the fullest extent permissible by law, evidence of prior act(s) may be admissible to show the plan, opportunity, intent, knowledge, and/or identity of the person charged to be present at a street race or a reckless driving exhibition if the prior act(s) occurred within three (3) years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race or reckless driving exhibition was taking place. This evidence may include, but is not limited to:
a. That the defendant has previously participated in an illegal street racing, motorcycle stunting, or reckless driving exhibition;
b. That the defendant has previously aided and abetted an illegal street racing, motorcycle stunting, or reckless driving exhibition;
c. That the defendant has previously organized an illegal street racing, motorcycle stunting, or reckless driving exhibition; or
d. That the defendant previously was present at a location where preparations were being made for an illegal street racing, motorcycle stunting, or reckless driving exhibition or where an illegal street racing, motorcycle stunting, or reckless driving exhibition was in progress.
(G.O. 36, 2024, § 1)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH441TR_ARTIIIOPRE_DIV9ILSTAC_S441-394PRPEFetched: 10/27/2026