IC 34-28-5
    Chapter 5. Infraction and Ordinance Violation EnforcementProceedings

IC 34-28-5-1
Prosecution in name of state or municipality; rules; limitations;burden of proof; deferral programs; agreement for communityrestitution or service
    Sec. 1. (a) As used in this section, "probationary license" refers toa license described in IC 9-24-11-3(b) or IC 9-24-11-3.3(b).
    (b) An action to enforce a statute defining an infraction shall bebrought in the name of the state of Indiana by the prosecutingattorney for the judicial circuit in which the infraction allegedly tookplace. However, if the infraction allegedly took place on a publichighway (as defined in IC 9-25-2-4) that runs on and along acommon boundary shared by two (2) or more judicial circuits, aprosecuting attorney for any judicial circuit sharing the commonboundary may bring the action.
    (c) An action to enforce an ordinance shall be brought in the nameof the municipal corporation. The municipal corporation need notprove that it or the ordinance is valid unless validity is controvertedby affidavit.
    (d) Actions under this chapter (or IC 34-4-32 before its repeal):
        (1) shall be conducted in accordance with the Indiana Rules ofTrial Procedure; and
        (2) must be brought within two (2) years after the allegedconduct or violation occurred.
    (e) The plaintiff in an action under this chapter must prove thecommission of an infraction or ordinance violation by apreponderance of the evidence.
    (f) The complaint and summons described in IC 9-30-3-6 may beused for any infraction or ordinance violation.
    (g) Subsection (h) does not apply to an individual holding aprobationary license who is alleged to have committed an infractionunder any of the following when the individual was less thaneighteen (18) years of age at the time of the alleged offense:
        IC 9-19
        IC 9-21
        IC 9-24
        IC 9-25
        IC 9-26
        IC 9-30-5
        IC 9-30-10
        IC 9-30-15.
    (h) This subsection does not apply to an offense or violation underIC 9-24-6 involving the operation of a commercial motor vehicle.The prosecuting attorney or the attorney for a municipal corporationmay establish a deferral program for deferring actions brought underthis section. Actions may be deferred under this section if:
        (1) the defendant in the action agrees to conditions of a deferral

program offered by the prosecuting attorney or the attorney fora municipal corporation;
        (2) the defendant in the action agrees to pay to the clerk of thecourt an initial user's fee and monthly user's fee set by theprosecuting attorney or the attorney for the municipalcorporation in accordance with IC 33-37-4-2(e);
        (3) the terms of the agreement are recorded in an instrumentsigned by the defendant and the prosecuting attorney or theattorney for the municipal corporation;
        (4) the defendant in the action agrees to pay a fee of seventydollars ($70) to the clerk of court if the action involves amoving traffic offense (as defined in IC 9-13-2-110);
        (5) the agreement is filed in the court in which the action isbrought; and
        (6) if the deferral program is offered by the prosecutingattorney, the prosecuting attorney electronically transmitsinformation required by the prosecuting attorneys councilconcerning the withheld prosecution to the prosecutingattorneys council, in a manner and format designated by theprosecuting attorneys council.
When a defendant complies with the terms of an agreement filedunder this subsection (or IC 34-4-32-1(f) before its repeal), theprosecuting attorney or the attorney for the municipal corporationshall request the court to dismiss the action. Upon receipt of arequest to dismiss an action under this subsection, the court shalldismiss the action. An action dismissed under this subsection (orIC 34-4-32-1(f) before its repeal) may not be refiled.
    (i) If a judgment is entered against a defendant in an action toenforce an ordinance, the defendant may perform communityrestitution or service (as defined in IC 35-41-1-4.6) instead of payinga monetary judgment for the ordinance violation as described insection 4(e) of this chapter if:
        (1) the:
            (A) defendant; and
            (B) attorney for the municipal corporation;
        agree to the defendant's performance of community restitutionor service instead of the payment of a monetary judgment;
        (2) the terms of the agreement described in subdivision (1):
            (A) include the amount of the judgment the municipalcorporation requests that the defendant pay under section4(e) of this chapter for the ordinance violation if thedefendant fails to perform the community restitution orservice provided for in the agreement as approved by thecourt; and
            (B) are recorded in a written instrument signed by thedefendant and the attorney for the municipal corporation;
        (3) the agreement is filed in the court where the judgment wasentered; and
        (4) the court approves the agreement.
If a defendant fails to comply with an agreement approved by a court

under this subsection, the court shall require the defendant to pay upto the amount of the judgment requested in the action under section4(e) of this chapter as if the defendant had not entered into anagreement under this subsection.
As added by P.L.1-1998, SEC.24. Amended by P.L.98-2000, SEC.12;P.L.98-2004, SEC.123; P.L.176-2005, SEC.24; P.L.200-2005,SEC.1; P.L.101-2009, SEC.17.

IC 34-28-5-2
Moving traffic violation; pleadings
    Sec. 2. In an action for a moving traffic violation, the pleadingsare as follows:
        (1) A summons and complaint.
        (2) Entry by a defendant of:
            (A) an admission to the violation;
            (B) a denial of the violation; or
            (C) a declaration of nolo contendere in which the defendantconsents to entry of judgment for the state without admittingto the violation.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-3
Detention
    Sec. 3. Whenever a law enforcement officer believes in good faiththat a person has committed an infraction or ordinance violation, thelaw enforcement officer may detain that person for a time sufficientto:
        (1) inform the person of the allegation;
        (2) obtain the person's:
            (A) name, address, and date of birth; or
            (B) driver's license, if in the person's possession; and
        (3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-3.5
Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses toprovide either the person's:
        (1) name, address, and date of birth; or
        (2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for aninfraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-4
Costs; deposit of funds; findings required for judgment; specialprovisions for moving violations
    Revisor's Note: P.L.106-2010, SEC.18, required this section to beprinted as follows.
    Sec. 4. (a) A judgment of up to ten thousand dollars ($10,000)

may be entered for a violation constituting a Class A infraction.
    (b) A judgment of up to one thousand dollars ($1,000) may beentered for a violation constituting a Class B infraction.
    (c) Except as provided in subsection (f), a judgment of up to fivehundred dollars ($500) may be entered for a violation constituting aClass C infraction.
    (d) A judgment of up to twenty-five dollars ($25) may be enteredfor a violation constituting a Class D infraction.
    (e) Subject to section 1(i) of this chapter, a judgment:
        (1) up to the amount requested in the complaint; and
        (2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
    (f) Except as provided in subsections (g) and (h), a person whohas admitted to a moving violation constituting a Class C infraction,pleaded nolo contendere to a moving violation constituting a ClassC infraction, or has been found by a court to have committed amoving violation constituting a Class C infraction may not berequired to pay more than the following amounts for the violation:
        (1) If, before the appearance date specified in the summons andcomplaint, the person mails or delivers an admission of themoving violation or a plea of nolo contendere to the movingviolation, the person may not be required to pay any amount,except court costs and a judgment that does not exceedthirty-five dollars and fifty cents ($35.50).
        (2) If the person admits the moving violation or enters a plea ofnolo contendere to the moving violation on the appearance datespecified in the summons and complaint, the person may not berequired to pay any amount, except court costs and a judgmentthat does not exceed thirty-five dollars and fifty cents ($35.50).
        (3) If the person contests the moving violation in court and isfound to have committed the moving violation, the person maynot be required to pay any amount, except:
            (A) court costs and a judgment that does not exceedthirty-five dollars and fifty cents ($35.50) if, in the five (5)years before the appearance date specified in the summonsand complaint, the person was not found by a court in thecounty to have committed a moving violation;
            (B) court costs and a judgment that does not exceed twohundred fifty dollars and fifty cents ($250.50) if, in the five(5) years before the appearance date specified in thesummons and complaint, the person was found by a court inthe county to have committed one (1) moving violation; and
            (C) court costs and a judgment that does not exceed fivehundred dollars ($500) if, in the five (5) years before theappearance date specified in the summons and complaint,the person was found by a court in the county to havecommitted two (2) or more moving violations.
In a proceeding under subdivision (3), the court may require theperson to submit an affidavit or sworn testimony concerning whether,in the five (5) years before the appearance date specified in the

summons and complaint, the person has been found by a court tohave committed one (1) or more moving violations.
    (g) The amounts described in subsection (f) are in addition to anyamount that a person may be required to pay for attending adefensive driving school program.
    (h) This subsection applies only to infraction judgments imposedin Marion County for traffic violations after December 31, 2010.Subsection (f) applies to an infraction judgment described in thissubsection. However, a court shall impose a judgment of not lessthan thirty-five dollars ($35) for an infraction judgment that isentered in Marion County. These funds shall be transferred to adedicated fund in accordance with section 5 of this chapter.
As added by P.L.1-1998, SEC.24. Amended by P.L.200-2005, SEC.2;P.L.101-2009, SEC.18; P.L.71-2010, SEC.3; P.L.106-2010, SEC.7.

IC 34-28-5-5 Version a
Costs; deposit of funds; findings required for judgment
    Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011.
    Sec. 5. (a) A defendant against whom a judgment is entered isliable for costs. Costs are part of the judgment and may not besuspended except under IC 9-30-3-12. Whenever a judgment isentered against a person for the commission of two (2) or more civilviolations (infractions or ordinance violations), the court may waivethe person's liability for costs for all but one (1) of the violations.This subsection does not apply to judgments entered for violationsconstituting:
        (1) Class D infractions; or
        (2) Class C infractions for unlawfully parking in a spacereserved for a person with a physical disability underIC 5-16-9-5 or IC 5-16-9-8.
    (b) If a judgment is entered:
        (1) for a violation constituting:
            (A) a Class D infraction; or
            (B) a Class C infraction for unlawfully parking in a spacereserved for a person with a physical disability underIC 5-16-9-5 or IC 5-16-9-8; or
        (2) in favor of the defendant in any case;
the defendant is not liable for costs.
    (c) Except for costs, and except as provided in IC 9-21-5-11(e),the funds collected as judgments for violations of statutes defininginfractions shall be deposited in the state general fund.
    (d) A judgment may be entered against a defendant under thissection or section 4 of this chapter upon a finding by the court thatthe defendant:
        (1) violated:
            (A) a statute defining an infraction; or
            (B) an ordinance; or
        (2) consents to entry of judgment for the plaintiff upon apleading of nolo contendere for a moving traffic violation.As added by P.L.1-1998, SEC.24. Amended by P.L.40-2007, SEC.7.

IC 34-28-5-5 Version b
Costs; deposit of funds; findings required for judgment
    Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011.
    Sec. 5. (a) A defendant against whom a judgment is entered isliable for costs. Costs are part of the judgment and may not besuspended except under IC 9-30-3-12. Whenever a judgment isentered against a person for the commission of two (2) or more civilviolations (infractions or ordinance violations), the court may waivethe person's liability for costs for all but one (1) of the violations.This subsection does not apply to judgments entered for violationsconstituting:
        (1) Class D infractions; or
        (2) Class C infractions for unlawfully parking in a spacereserved for a person with a physical disability underIC 5-16-9-5 or IC 5-16-9-8.
    (b) If a judgment is entered:
        (1) for a violation constituting:
            (A) a Class D infraction; or
            (B) a Class C infraction for unlawfully parking in a spacereserved for a person with a physical disability underIC 5-16-9-5 or IC 5-16-9-8; or
        (2) in favor of the defendant in any case;
the defendant is not liable for costs.
    (c) Except for costs, and except as provided in subsection (e) andIC 9-21-5-11(e), the funds collected as judgments for violations ofstatutes defining infractions shall be deposited in the state generalfund.
    (d) A judgment may be entered against a defendant under thissection or section 4 of this chapter upon a finding by the court thatthe defendant:
        (1) violated:
            (A) a statute defining an infraction; or
            (B) an ordinance; or
        (2) consents to entry of judgment for the plaintiff upon apleading of nolo contendere for a moving traffic violation.
    (e) The funds collected for an infraction judgment described insection 4(h) of this chapter shall be transferred to a dedicated countyfund. The money in the dedicated county fund does not revert to thecounty general fund or state general fund and may be used, afterappropriation by the county fiscal body, only for the followingpurposes:
        (1) To pay compensation of commissioners appointed underIC 33-33-49.
        (2) To pay costs of the county's guardian ad litem program.
As added by P.L.1-1998, SEC.24. Amended by P.L.40-2007, SEC.7;P.L.71-2010, SEC.4; P.L.106-2010, SEC.8.
IC 34-28-5-6
Suspension of driver's license
    Sec. 6. If a defendant fails to satisfy a judgment entered againstthe defendant for the violation of a traffic ordinance or for a trafficinfraction by a date fixed by the court, the court may suspend thedefendant's drivers license. When a court suspends a person's driverslicense under this section, the court shall forward notice of thesuspension to the bureau of motor vehicles.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-7
Traffic violations bureau; clerk
    Sec. 7. Any court may establish a traffic violations bureau andappoint a violations clerk who shall serve under the direction andcontrol of the court.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-8
Duties of clerk
    Sec. 8. The violations clerk or deputy violations clerk shall:
        (1) accept:
            (A) written appearances;
            (B) waivers of trial;
            (C) admissions of violation;
            (D) declarations of nolo contendere for moving trafficviolations;
            (E) payments of judgments (including costs) in trafficviolation cases;
            (F) deferral agreements made under section 1(f) of thischapter (or IC 34-4-32-1(f) before its repeal) and deferralprogram fees prescribed under IC 33-37-4-2(e); and
            (G) community restitution or service agreements made undersection 1(g) of this chapter;
        (2) issue receipts and account for any judgments (includingcosts) collected; and
        (3) pay the judgments (including costs) collected to theappropriate unit of government as provided by law.
As added by P.L.1-1998, SEC.24. Amended by P.L.98-2004,SEC.124; P.L.200-2005, SEC.3.

IC 34-28-5-9
Duties of court
    Sec. 9. The court shall:
        (1) designate the traffic violations within the authority of theviolations clerk, but these violations may not includemisdemeanors or felonies;
        (2) establish schedules, within limits prescribed by law, of thejudgments to be imposed for first violations, designating eachviolation specifically;
        (3) order that the schedule of judgments be prominently posted

in the place where the fines are paid;
        (4) establish a procedure under which any violations clerk ordeputy violations clerk shall accept, receipt, and account for allmoney tendered for designated traffic violations; and
        (5) dismiss deferred actions if a dismissal request is made undersection 1(f) of this chapter (or IC 34-4-32-1(f) before its repeal).
As added by P.L.1-1998, SEC.24.

IC 34-28-5-10
Duties of county court judge
    Sec. 10. If the court is a county court, the judge shall:
        (1) establish a traffic violations bureau in each county which thejudge services;
        (2) appoint the clerk of the court to administer the trafficviolations bureau; and
        (3) except at a state police unit, appoint the dispatcher on dutyat every law enforcement unit within the county to be a deputyviolations clerk charged with all of the duties of a violationsclerk.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-11
Admission of violation; nolo contendere plea; payment of judgment
    Sec. 11. Any person charged with a traffic violation that is withinthe authority of the violations clerk may mail or deliver:
        (1) the amount of the judgment (including costs) indicated onthe ticket; and
        (2) a signed:
            (A) admission of the violation; or
            (B) pleading of nolo contendere, if the action is for a movingtraffic violation.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-12
Notice requirements for acceptance of admission or nolocontendere plea
    Sec. 12. Before accepting a pleading admitting to a violation orentering a declaration of nolo contendere to a violation, theviolations clerk or the officer writing the ticket shall inform theperson that:
        (1) the person's signature to:
            (A) an admission of the violation; or
            (B) a pleading of nolo contendere;
        will have the same effect as a judgment of a court; and
        (2) the record of judgment will be sent to the commissioner ofmotor vehicles of Indiana or the state where the person receiveda license to drive.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-13 Payment by credit card
    Sec. 13. A court may permit a person to use a credit card issuedby a financial institution for the purpose of paying a court cost andjudgment with respect to a traffic violation that is enforced under thischapter. The state board of accounts shall allow a county to pay anyapplicable credit card service charge on behalf of a court that permitsthe use of a credit card under this section. The county fiscal bodymust appropriate funds to cover the costs of applicable credit cardservice charges before a court may permit the use of a credit cardunder this section.
As added by P.L.1-1998, SEC.24.

IC 34-28-5-14
Written appearance instead of personal appearance before court
    Sec. 14. If a person named as a defendant in a summons andcomplaint issued under IC 5-16-9-10, before the appearance datespecified in the summons and complaint, mails or delivers thefollowing to the court having jurisdiction over the action:
        (1) an admission of the violation or a plea of nolo contendere tothe violation; and
        (2) a fifty dollar ($50) civil judgment;
the court shall enter a judgment against the defendant for theviolation. An admission or plea of nolo contendere received by thecourt under this section (or IC 34-4-32-6 before its repeal) constitutesa written appearance and the defendant is not required to personallyappear before the court.
As added by P.L.1-1998, SEC.24.