CHAPTER 3. COURT PROCEDURES
IC 9-30-3
Chapter 3. Court Procedures
IC 9-30-3-1
Purpose
Sec. 1. This chapter governs the procedure in courts with originaljurisdiction to hear and determine cases involving traffic offenses.This chapter is intended to provide for the just determination of thesecases and to that effect shall be construed to secure simplicity anduniformity in procedure, fairness in administration, and theelimination of unjustifiable expense and delay.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-2
Court
Sec. 2. As used in this chapter, "court" means a tribunal withjurisdiction to hear and determine traffic violation cases and thejudge or other presiding officer sitting as a court.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-2.5
Electronic traffic ticket
Sec. 2.5. (a) As used in this chapter, "electronic traffic ticket"means:
(1) a traffic information and summons; or
(2) a complaint and summons;
for traffic cases that is in an electronic format prescribed by thedivision of state court administration.
(b) An electronic traffic ticket may be referred to as an"e-citation".
As added by P.L.184-2007, SEC.56; P.L.206-2007, SEC.4.
IC 9-30-3-3
Judge
Sec. 3. As used in this chapter, "judge" means an officerauthorized by law to sit as a court.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-4
Nonmoving traffic offense
Sec. 4. As used in this chapter, "nonmoving traffic offense" meansa violation of a statute, an ordinance, or a regulation concerning thefollowing:
(1) The parking or standing of motor vehicles.
(2) Motor vehicles that are not in motion.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-5
Traffic offense
Sec. 5. As used in this chapter, "traffic offense" means a violation
of a statute, an ordinance, or a regulation relating to the operation oruse of motor vehicles and any violation of a statute, an ordinance, ora regulation relating to the use of streets and highways by pedestriansor by the operation of any other vehicle.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-5.3
Contents of electronic traffic ticket; modification
Sec. 5.3. In prescribing the contents of an electronic traffic ticket,the division of state court administration shall require the inclusionin an electronic traffic ticket of the contents required in aninformation and summons under section 6 of this chapter. Thedivision of state court administration may modify the prescribedcontents of an electronic traffic ticket as necessary for the ticket tobe in an electronic format.
As added by P.L.184-2007, SEC.57; P.L.206-2007, SEC.5.
IC 9-30-3-5.7
Electronic traffic ticket; issuance; signatures; electronictransmission
Sec. 5.7. (a) When a law enforcement officer issues an electronictraffic ticket, the law enforcement officer:
(1) may print the electronic traffic ticket at the site of the trafficviolation; and
(2) shall inform the individual to whom the electronic trafficticket has been issued and note on the electronic traffic ticketwhether the individual must appear in court on a specific dateat a specific time.
(b) An electronic traffic ticket issued under this chapter that bearsa printed or digital signature of:
(1) the law enforcement officer who issued the electronic trafficticket; and
(2) the prosecuting attorney, or a representative of the office ofthe prosecuting attorney, of the county in which the electronictraffic ticket was issued;
is admissible in a court proceeding as if the signatures referred to insubdivisions (1) and (2) were original signatures.
(c) A law enforcement officer who issues an electronic trafficticket may transmit the electronic traffic ticket to the courtelectronically if the court and the electronic traffic ticket are incompliance with the administrative rules adopted by the supremecourt.
(d) A law enforcement officer who issues an electronic trafficticket shall indicate on the electronic traffic ticket whether the lawenforcement officer served the person receiving the electronic trafficticket.
(e) The electronic transmission of an electronic traffic ticket shallbe considered by the court as an original certified copy of the trafficinformation and summons or complaint and summons. An electronictraffic ticket may be used: (1) to notify the bureau of an Indiana resident who fails to:
(A) appear; or
(B) answer a traffic information and summons or complaintand summons;
(2) to notify the bureau of a defendant who is not an Indianaresident and who fails to:
(A) appear; or
(B) answer a traffic information and summons;
(3) to notify the bureau upon a final determination of adefendant's failure to appear; or
(4) as a record of a traffic case that an individual has beencharged with a traffic offense when:
(A) the individual has been convicted;
(B) a judgment has been entered; or
(C) a finding has been made by a court.
As added by P.L.184-2007, SEC.58; P.L.206-2007, SEC.6.
IC 9-30-3-6
Information and summons; form and content; inapplicability toelectronic traffic ticket
Sec. 6. (a) This section does not apply to electronic traffic tickets.
(b) In traffic cases, the information and summons shall be insubstantially the following form:
In the _________ Court of __________ County
Cause No. _________ Docket No. ___________
Page No. _____
State of Indiana
SS: No.___________
County of _______________________________
INFORMATION AND SUMMONS
The undersigned having probable cause to believe and being dulysworn upon his oath says that:
On the ____________ Day of __________, 20 ____ at ____ M
Name ____________________________________________
Last First Middle
Street __________________________________________________
City ______________________ State _____ Zip Code ______
Race ___ Sex ___ Age ___ D.O.B. ______ HT ____ WT _____
Oper. Lic. #_____________ St. ____ Did Unlawfully
Operate Veh. Color _______ Veh. Yr.___ Veh. Make ______
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # ______
Upon, (Location) _________________________________________
_______________________________________________________
A PUBLIC STREET OR HIGHWAY IN ______________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
_______________________________________________________
_______________________________________________________
CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE ANDPROVIDED.OFFICER'S SIGNATURE _________________________________
I.D. No. ______________ Div. Dist. __________________________
POLICE AGENCY _______________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) ______________________________________
This ____________ Day of _________________, 20 ____
COURT APPEARANCE
I PROMISE TO APPEAR IN COURTROOM
__________________________________________________
ADDRESS: ______________________________
ON ______________ THE ________ DAY OF_________, 20 ___AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE __________________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT"
The information and summons shall consist of four (4) parts:
(1) the original copy, printed on white paper, which shall bethe abstract of court record for the Indiana bureau of motorvehicles;
(2) the court copy, printed on white paper;
(3) the police record, which shall be a copy of the information,printed on pink paper; and
(4) the summons copy, printed on white stock.
The reverse sides of the information and abstract of court recordshall be substantially as follows, with such additions or deletions asare necessary to adapt the form to the court involved:
RECEIPT #_______________
DATE ___________________
COURT ACTION AND OTHER ORDERS
BAIL $ ___________
REARREST BOND $ _____________ DATE ___________
1. CONTINUANCE TO ___ 4. CONTINUANCE TO ____
2. CONTINUANCE TO ___ 5. CONTINUANCE TO ____
3. CONTINUANCE TO ___ 6. CONTINUANCE TO ____
Motions Date Ruling Date
1. ___ ___ ___ ___
2. ___ ___ ___ ___
3. ___ ___ ___ ___
4. ___ ___ ___ ___
PLEA ( ) GUILTY
( ) NOT GUILTY
FINDING ( ) GUILTY
( ) NOT GUILTY
THE COURT THEREFORE, ENTERS
THE FOLLOWING ORDER
FINE $ _________
AMOUNT SUSP. $ _________
(STATE) $ _____________
COSTS
(CITY) $ ______________
___________ DAYS IN _____________ DAYS SUSP. _________
( ) RECOMMENDED LICENSE SUSPENDED FOR _______( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEARPROBATION
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
JUDGE: ______________________________________________
DATE: ______________________________________________
ATTORNEY FOR DEFENDANT _________________
ADDRESS________________________ TELEPHONE _________
WITNESSES
_________________________________________________
_________________________________________________
The notice, the appearance, the plea of either guilty or not guilty,and the waiver shall be printed on the summons. The trimmed size ofthe paper and stock on which the form is printed shall be nominallyfour and one quarter (4 1/4) inches by eight and one quarter (8 1/4)inches.
(c) In civil traffic cases, the complaint and summons shall be insubstantially the following form:
In the ____________________ Court of _______________ County
Cause No. ______________ Docket No. ________________
Page No.__________________________
State of Indiana
SS: No._____________
County of ______________________________________
COMPLAINT AND SUMMONS
The undersigned having probable cause to believe and being dulysworn upon his oath says that:
On the ____________ Day of___________, 20 ____ at __ M
Name _________________________________________________
Last First Middle
Street _____________________________________
City ________________________ State _____ Zip Code ________
Race ___ Sex ___ Age __ D.O.B. ________ HT ____ WT ___
Oper. Lic. # ____________ St. ______________ Did Unlawfully
Operate Veh. Color _______ Veh. Yr. ___ Veh. Make _________
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # _________
Upon, (Location) _____________________________________
______________________________________________________
A PUBLIC STREET OR HIGHWAY IN ____________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
__________________________________________________
__________________________________________________
__________________________________________________
CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE ANDPROVIDED.
OFFICER'S SIGNATURE ___________________________
I.D. No. _____________ Div. Dist. _______________________POLICE AGENCY _________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) __________________________________________
This ____________ Day of ______________, 20___
COURT APPEARANCE
I PROMISE TO APPEAR IN ________________________
COURTROOM ___________________________________
ADDRESS: ______________________________________
ON ____________ THE ________ DAY OF ____, 20 ___
AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE _____________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF AVIOLATION"
The complaint and summons shall consist of four (4) parts:
(1) the original copy, printed on white paper, which shall bethe abstract of court record for the Indiana bureau of motorvehicles;
(2) the court copy, printed on white paper;
(3) the police record, which shall be a copy of the complaint,printed on pink paper; and
(4) the summons copy, printed on white stock.
The reverse sides of the complaint and abstract of court recordshall be substantially as follows, with such additions or deletions asare necessary to adapt the form to the court involved:
RECEIPT #_________
DATE ________________
COURT ACTION AND OTHER ORDERS
BAIL $ _______________
REARREST BOND $ _________ DATE _______
1. CONTINUANCE TO ______ 4. CONTINUANCE TO ______
2. CONTINUANCE TO ______ 5. CONTINUANCE TO ______
3. CONTINUANCE TO ______ 6. CONTINUANCE TO ______
Motions Date Ruling Date
1. ___ ___ ___ ___
2. ___ ___ ___ ___
3. ___ ___ ___ ___
4. ___ ___ ___ ___
PLEA ( ) ADMIT
( ) DENY
( ) NOLO CONTENDERE
FINDING ( ) JUDGMENT FOR PLAINTIFF
( ) JUDGMENT FOR DEFENDANT
THE COURT THEREFORE, ENTERS
THE FOLLOWING ORDER
FINE $ ________
AMOUNT SUSP. $ ________
(STATE) $ __________
COSTS
(CITY) $ ___________
( ) RECOMMENDED LICENSE SUSPENDED FOR ________
( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR
PROBATION
______________________________________________
______________________________________________
______________________________________________
______________________________________________
_______________________________________________
JUDGE: _________________________________________
DATE: __________________________________________
ATTORNEY FOR DEFENDANT ____________________
ADDRESS ___________________ TELEPHONE __________
WITNESSES
_______________________________________________
_______________________________________________
The notice, appearance, plea of either admission, denial, or nolocontendere shall be printed on the summons. The trimmed size of thepaper and stock on which the form is printed shall be nominally fourand one quarter (4 1/4) inches by eight and one quarter (8 1/4)inches.
(d) The complaint form shall be used in traffic cases, whether thecharge is made by a law enforcement officer or by any other person.
(e) Each judicial officer or police authority issuing trafficcomplaints and summons:
(1) is responsible for the disposition of all the traffic complaintsand summons issued under the authority of the officer orauthority; and
(2) shall prepare and submit the records and reports relating tothe traffic complaints in the manner and at the time prescribedby both the state examiner of the state board of accounts and thebureau.
As added by P.L.2-1991, SEC.18. Amended by P.L.93-1991, SEC.2;P.L.1-2001, SEC.8; P.L.184-2007, SEC.59; P.L.206-2007, SEC.7.
IC 9-30-3-7
Soliciting or aiding in disposition of traffic information orsummons; contempt
Sec. 7. A person who solicits or aids in the disposition orattempted disposition of a traffic information or summons in anyunauthorized manner is in criminal contempt of the court havingoriginal jurisdiction of the cause of action or of the court named onthe particular information in question.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-8
Failure to appear or answer; issuance of warrant; failure toexecute; notification of bureau; suspension of driving privileges;nonresidents
Sec. 8. (a) The court may issue a warrant for the arrest of adefendant who is an Indiana resident and who fails to appear oranswer a traffic information and summons or a complaint andsummons served upon the defendant. If the warrant is not executed
within thirty (30) days after issue, the court shall promptly forwardthe court copy of the traffic information and summons or complaintand summons to the bureau indicating that the defendant failed toappear in court as ordered. The court shall then mark the case asfailure to appear on the court's records.
(b) If a defendant who is not an Indiana resident fails to appear oranswer a traffic summons served upon the defendant and upon whichthe information or complaint has been filed thirty (30) days after thereturn date of the information and summons or complaint andsummons, the court shall promptly forward the court copy of thetraffic information and summons or complaint and summons to thebureau. The bureau shall notify the motor vehicle commission of thestate of the nonresident defendant of the defendant's failure to appearand also of any action taken by the bureau relative to the Indianadriving privileges of the defendant. If the defendant fails to appearor otherwise answer within thirty (30) days, the court shall mark thecase as failure to appear on the court's records.
(c) If the bureau receives a copy of the traffic information andsummons or complaint and summons for failure to appear in courteither on a form prescribed by the bureau or in an electronic formatprescribed by the division of state court administration, the bureaushall suspend the driving privileges of the defendant until thedefendant appears in court and the case has been disposed of. Theorder of suspension may be served upon the defendant by mailing theorder by first class mail to the defendant at the last address shown forthe defendant in the records of the bureau. The order takes effect onthe date the order is mailed.
(d) For nonresidents of Indiana, the order of suspension shall bemailed to the defendant at the address given to the arresting officerby the defendant as shown by the traffic information or complaint.The order takes effect on the date of mailing. A copy of the ordershall also be sent to the motor vehicle bureau of the state of thenonresident defendant. If:
(1) the defendant's failure to appear in court has been certifiedto the bureau under this chapter; and
(2) the defendant subsequently appears in court to answer thecharges against the defendant;
the court shall proceed to hear and determine the case in the samemanner as other cases pending in the court. Upon final determinationof the case, the court shall notify the bureau of the determinationeither in an electronic format or upon forms prescribed by thebureau. The notification shall be made by the court within ten (10)days after the final determination of the case, and information fromthe original copy of the traffic information and summons orcomplaint and summons must accompany the notification.
As added by P.L.2-1991, SEC.18. Amended by P.L.184-2007,SEC.60; P.L.206-2007, SEC.8.
IC 9-30-3-9
Traffic cases; court session; detainment of defendant; objections Sec. 9. (a) If possible, traffic cases shall be tried separate andapart from other cases and may be designated as the "traffic" sessionor division.
(b) When a hearing involving a misdemeanor is adjourned, thecourt may detain the defendant in safe custody until the defendant isadmitted to bail.
(c) An objection to the validity or regularity of the information orprocess issued must be made by the defendant before trial.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-10
Sentencing; appearance required
Sec. 10. The defendant shall be present at the imposition ofsentence in all misdemeanor traffic cases.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-11
Plea of guilty; informing defendant of rights; record ofproceedings; destruction of documents; liability of court officers
Sec. 11. (a) Before accepting a plea of guilty to a misdemeanortraffic offense, the court shall inform the defendant of the defendant'srights, including the right to:
(1) engage counsel;
(2) a reasonable continuance to engage counsel to subpoenawitnesses;
(3) have process issued by the court, without expense to thedefendant, to compel the attendance of witnesses in thedefendant's behalf;
(4) testify or not to testify in the defendant's own behalf;
(5) a trial by jury; and
(6) appeal.
(b) The court shall inform each defendant charged with a trafficoffense other than a nonmoving traffic offense, if the defendant isconvicted or judgment is entered against the defendant, that a recordof the conviction or judgment will be sent to the bureau or the motorvehicle bureau of the state where the defendant received a license todrive to become a part of the defendant's driving record.
(c) The court shall keep a full record of every case in which aperson is charged with a traffic offense other than a nonmovingtraffic offense. Within ten (10) days after the conviction, judgment,or forfeiture of security deposit of a person, the court shall forwarda copy of the judgment in an electronic format or an abstract asprescribed by IC 9-25-6-8. The abstract comprises the original copyof the traffic information and summons or complaint and summonsif the conviction, judgment, or forfeiture of security deposit has beenentered on that copy. However, instead of the original copy, the courtmay, subject to the approval of the bureau, send the information inan electronic format or in the form of a chemical based, magnetic, ormachine readable media. Records of nonmoving traffic offenses arenot required to be forwarded to the bureau. (d) One (1) year after the abstract has been forwarded, the courtmay destroy the remaining court copies of the information andsummons or complaint and summons and related pleadings if anorder book entry of the copy has been made and the original copy hasbeen sent to the bureau of motor vehicles.
(e) Upon the failure of a court officer to comply with subsection(c), the officer is liable on the officer's official bond for a civilpenalty of one hundred dollars ($100) accruing to the state, whichmay be recovered, together with the costs of the suit, in a civil actionbrought by the attorney general in the name of the state on relationof the attorney general. Each failure by an officer constitutes aseparate cause of action.
As added by P.L.2-1991, SEC.18. Amended by P.L.184-2007,SEC.61; P.L.206-2007, SEC.9.
IC 9-30-3-12
Defensive driving school program; persons required to attend;fees; suspension of license; suspension of court costs
Sec. 12. (a) If during any twelve (12) month period a person hascommitted moving traffic violations for which the person has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against theperson; or
(3) been convicted of at least one (1) traffic misdemeanor andhas had at least one (1) traffic judgment entered against theperson;
the bureau may require the person to attend and satisfactorilycomplete a defensive driving school program. The person shall payall applicable fees required by the bureau.
(b) This subsection applies to an individual who holds aprobationary license under IC 9-24-11-3 or IC 9-24-11-3.3 or is lessthan eighteen (18) years of age. An individual is required to attendand satisfactorily complete a defensive driving school program ifeither of the following occurs at least twice or if both of thefollowing have occurred when the individual was less than eighteen(18) years of age:
(1) The individual has been convicted of a moving trafficoffense (as defined in section 14(a) of this chapter), other thanan offense that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicleinvolved in an accident for which a report is required to be filedunder IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving license of any personwho:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving schoolprogram;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend
one-half (1/2) of each applicable court cost (including fees) forwhich a person is liable due to a traffic violation if the person enrollsin and completes a defensive driving school or a similar schoolconducted by an agency of the state or local government.
As added by P.L.2-1991, SEC.18. Amended by P.L.225-1999, SEC.4;P.L.98-2004, SEC.78; P.L.101-2009, SEC.13; P.L.106-2010, SEC.4.
IC 9-30-3-13
Rules for conduct of proceedings
Sec. 13. A judge may make rules for the orderly conduct of theproceedings of the judge's court if the rules are consistent with thischapter and the rules of the supreme court.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-14
Moving traffic offense committed by person other than the owner;notice to owner; contents
Sec. 14. (a) As used in this section, "moving traffic offense"means a violation of a statute, an ordinance, or a rule relating to theoperation or use of motor vehicles while the motor vehicle is inmotion.
(b) If a court convicts a person for a moving traffic offense andthe person is known or believed by the court not to be the owner ofthe motor vehicle, the court shall, within seven (7) days after enteringthe conviction, deposit with the United States Postal Service, firstclass postage prepaid, notice addressed to the owner of the motorvehicle giving the owner the following information:
(1) The name and address of the person convicted.
(2) The name and address of the owner of the motor vehicle.
(3) The offense upon which the conviction was made.
(4) The date of arrest of the person convicted and the locationof the place of the offense.
(5) The license plate number of the motor vehicle.
(6) The operator's or chauffeur's license number of the personconvicted.
(7) The date of the conviction and the name of the court makingthe conviction.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-15
Proof of prior conviction; evidence
Sec. 15. In a proceeding, prosecution, or hearing where theprosecuting attorney must prove that the defendant had a priorconviction for an offense under this title, the relevant portions of acertified computer printout or electronic copy as set forth inIC 9-14-3-4 made from the records of the bureau are admissible asprima facie evidence of the prior conviction. However, theprosecuting attorney must establish that the document identifies thedefendant by the defendant's driving license number or by any otheridentification method utilized by the bureau.As added by P.L.2-1991, SEC.18. Amended by P.L.112-2001, SEC.7;P.L.1-2002, SEC.49.
IC 9-30-3-16
Traffic offenders; driver improvement course; probation;suspension of license; fees
Sec. 16. (a) If a person has been found to have committed a trafficoffense, the court may do the following:
(1) Require the person to attend and satisfactorily complete adriver improvement course that has been approved by the courtand the bureau or by the bureau.
(2) Place the person on probation for up to one (1) year.
(3) Suspend the person's driver's license for up to thirty (30)days.
(b) A driver improvement course required under subsection (a)may be financed by assessing a reasonable charge as determined bythe course provider and approved by the bureau.
As added by P.L.2-1991, SEC.18. Amended by P.L.118-2001, SEC.8;P.L.146-2003, SEC.1.