IC 34-28-5
Chapter 5. Infraction and Ordinance Violation Enforcement
Proceedings
IC 34-28-5-1 Prosecution in name of state or municipality; rules; limitations;
burden of proof; deferral programs; agreement for community
restitution or service
Sec. 1. (a) As used in this section, "probationary license" refers to
a 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 be
brought in the name of the state of Indiana by the prosecuting
attorney for the judicial circuit in which the infraction allegedly took
place. However, if the infraction allegedly took place on a public
highway (as defined in IC 9-25-2-4) that runs on and along a
common boundary shared by two (2) or more judicial circuits, a
prosecuting attorney for any judicial circuit sharing the common
boundary may bring the action.
(c) An action to enforce an ordinance shall be brought in the name
of the municipal corporation. The municipal corporation need not
prove that it or the ordinance is valid unless validity is controverted
by affidavit.
(d) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of
Trial Procedure; and
(2) must be brought within two (2) years after the alleged
conduct or violation occurred.
(e) The plaintiff in an action under this chapter must prove the
commission of an infraction or ordinance violation by a
preponderance of the evidence.
(f) The complaint and summons described in IC 9-30-3-6 may be
used for any infraction or ordinance violation.
(g) Subsection (h) does not apply to an individual holding a
probationary license who is alleged to have committed an infraction
under any of the following when the individual was less than
eighteen (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 under
IC 9-24-6 involving the operation of a commercial motor vehicle.
The prosecuting attorney or the attorney for a municipal corporation
may establish a deferral program for deferring actions brought under
this 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 for
a municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the
court an initial user's fee and monthly user's fee set by the
prosecuting attorney or the attorney for the municipal
corporation in accordance with IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument
signed by the defendant and the prosecuting attorney or the
attorney for the municipal corporation;
(4) the defendant in the action agrees to pay a fee of seventy
dollars ($70) to the clerk of court if the action involves a
moving traffic offense (as defined in IC 9-13-2-110);
(5) the agreement is filed in the court in which the action is
brought; and
(6) if the deferral program is offered by the prosecuting
attorney, the prosecuting attorney electronically transmits
information required by the prosecuting attorneys council
concerning the withheld prosecution to the prosecuting
attorneys council, in a manner and format designated by the
prosecuting attorneys council.
When a defendant complies with the terms of an agreement filed
under this subsection (or IC 34-4-32-1(f) before its repeal), the
prosecuting attorney or the attorney for the municipal corporation
shall request the court to dismiss the action. Upon receipt of a
request to dismiss an action under this subsection, the court shall
dismiss the action. An action dismissed under this subsection (or
IC 34-4-32-1(f) before its repeal) may not be refiled.
(i) If a judgment is entered against a defendant in an action to
enforce an ordinance, the defendant may perform community
restitution or service (as defined in IC 35-41-1-4.6) instead of paying
a monetary judgment for the ordinance violation as described in
section 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 restitution
or 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 municipal
corporation requests that the defendant pay under section
4(e) of this chapter for the ordinance violation if the
defendant fails to perform the community restitution or
service provided for in the agreement as approved by the
court; and
(B) are recorded in a written instrument signed by the
defendant and the attorney for the municipal corporation;
(3) the agreement is filed in the court where the judgment was
entered; 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 up
to the amount of the judgment requested in the action under section
4(e) of this chapter as if the defendant had not entered into an
agreement 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 pleadings
are 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 defendant
consents to entry of judgment for the state without admitting
to 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 faith
that a person has committed an infraction or ordinance violation, the
law enforcement officer may detain that person for a time sufficient
to:
(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 to
provide 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 an
infraction 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; special
provisions for moving violations
Revisor's Note: P.L.106-2010, SEC.18, required this section to be
printed 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 be
entered for a violation constituting a Class B infraction.
(c) Except as provided in subsection (f), a judgment of up to five
hundred dollars ($500) may be entered for a violation constituting a
Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered
for 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 who
has admitted to a moving violation constituting a Class C infraction,
pleaded nolo contendere to a moving violation constituting a Class
C infraction, or has been found by a court to have committed a
moving violation constituting a Class C infraction may not be
required to pay more than the following amounts for the violation:
(1) If, before the appearance date specified in the summons and
complaint, the person mails or delivers an admission of the
moving violation or a plea of nolo contendere to the moving
violation, the person may not be required to pay any amount,
except court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50).
(2) If the person admits the moving violation or enters a plea of
nolo contendere to the moving violation on the appearance date
specified in the summons and complaint, the person may not be
required to pay any amount, except court costs and a judgment
that does not exceed thirty-five dollars and fifty cents ($35.50).
(3) If the person contests the moving violation in court and is
found to have committed the moving violation, the person may
not be required to pay any amount, except:
(A) court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50) if, in the five (5)
years before the appearance date specified in the summons
and complaint, the person was not found by a court in the
county to have committed a moving violation;
(B) court costs and a judgment that does not exceed two
hundred fifty dollars and fifty cents ($250.50) if, in the five
(5) years before the appearance date specified in the
summons and complaint, the person was found by a court in
the county to have committed one (1) moving violation; and
(C) court costs and a judgment that does not exceed five
hundred dollars ($500) if, in the five (5) years before the
appearance date specified in the summons and complaint,
the person was found by a court in the county to have
committed two (2) or more moving violations.
In a proceeding under subdivision (3), the court may require the
person 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 to
have committed one (1) or more moving violations.
(g) The amounts described in subsection (f) are in addition to any
amount that a person may be required to pay for attending a
defensive driving school program.
(h) This subsection applies only to infraction judgments imposed
in Marion County for traffic violations after December 31, 2010.
Subsection (f) applies to an infraction judgment described in this
subsection. However, a court shall impose a judgment of not less
than thirty-five dollars ($35) for an infraction judgment that is
entered in Marion County. These funds shall be transferred to a
dedicated 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 also
following version of this section, effective 1-1-2011.
Sec. 5. (a) A defendant against whom a judgment is entered is
liable for costs. Costs are part of the judgment and may not be
suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive
the person's liability for costs for all but one (1) of the violations.
This subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space
reserved for a person with a physical disability under
IC 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 space
reserved for a person with a physical disability under
IC 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 defining
infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that
the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a
pleading 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 also
preceding version of this section, effective until 1-1-2011.
Sec. 5. (a) A defendant against whom a judgment is entered is
liable for costs. Costs are part of the judgment and may not be
suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive
the person's liability for costs for all but one (1) of the violations.
This subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space
reserved for a person with a physical disability under
IC 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 space
reserved for a person with a physical disability under
IC 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) and
IC 9-21-5-11(e), the funds collected as judgments for violations of
statutes defining infractions shall be deposited in the state general
fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that
the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a
pleading of nolo contendere for a moving traffic violation.
(e) The funds collected for an infraction judgment described in
section 4(h) of this chapter shall be transferred to a dedicated county
fund. The money in the dedicated county fund does not revert to the
county general fund or state general fund and may be used, after
appropriation by the county fiscal body, only for the following
purposes:
(1) To pay compensation of commissioners appointed under
IC 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 against
the defendant for the violation of a traffic ordinance or for a traffic
infraction by a date fixed by the court, the court may suspend the
defendant's drivers license. When a court suspends a person's drivers
license under this section, the court shall forward notice of the
suspension 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 and
appoint a violations clerk who shall serve under the direction and
control 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 traffic
violations;
(E) payments of judgments (including costs) in traffic
violation cases;
(F) deferral agreements made under section 1(f) of this
chapter (or IC 34-4-32-1(f) before its repeal) and deferral
program fees prescribed under IC 33-37-4-2(e); and
(G) community restitution or service agreements made under
section 1(g) of this chapter;
(2) issue receipts and account for any judgments (including
costs) collected; and
(3) pay the judgments (including costs) collected to the
appropriate 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 the
violations clerk, but these violations may not include
misdemeanors or felonies;
(2) establish schedules, within limits prescribed by law, of the
judgments to be imposed for first violations, designating each
violation 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 or
deputy violations clerk shall accept, receipt, and account for all
money tendered for designated traffic violations; and
(5) dismiss deferred actions if a dismissal request is made under
section 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 the
judge services;
(2) appoint the clerk of the court to administer the traffic
violations bureau; and
(3) except at a state police unit, appoint the dispatcher on duty
at every law enforcement unit within the county to be a deputy
violations clerk charged with all of the duties of a violations
clerk. 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 within
the authority of the violations clerk may mail or deliver:
(1) the amount of the judgment (including costs) indicated on
the ticket; and
(2) a signed:
(A) admission of the violation; or
(B) pleading of nolo contendere, if the action is for a moving
traffic violation. As added by P.L.1-1998, SEC.24.
IC 34-28-5-12 Notice requirements for acceptance of admission or nolo
contendere plea
Sec. 12. Before accepting a pleading admitting to a violation or
entering a declaration of nolo contendere to a violation, the
violations clerk or the officer writing the ticket shall inform the
person 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 of
motor vehicles of Indiana or the state where the person received
a 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 issued
by a financial institution for the purpose of paying a court cost and
judgment with respect to a traffic violation that is enforced under this
chapter. The state board of accounts shall allow a county to pay any
applicable credit card service charge on behalf of a court that permits
the use of a credit card under this section. The county fiscal body
must appropriate funds to cover the costs of applicable credit card
service charges before a court may permit the use of a credit card
under 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 and
complaint issued under IC 5-16-9-10, before the appearance date
specified in the summons and complaint, mails or delivers the
following to the court having jurisdiction over the action:
(1) an admission of the violation or a plea of nolo contendere to
the violation; and
(2) a fifty dollar ($50) civil judgment;
the court shall enter a judgment against the defendant for the
violation. An admission or plea of nolo contendere received by the
court under this section (or IC 34-4-32-6 before its repeal) constitutes
a written appearance and the defendant is not required to personally
appear before the court. As added by P.L.1-1998, SEC.24.
IC 34-28-5
Chapter 5. Infraction and Ordinance Violation Enforcement
Proceedings
IC 34-28-5-1 Prosecution in name of state or municipality; rules; limitations;
burden of proof; deferral programs; agreement for community
restitution or service
Sec. 1. (a) As used in this section, "probationary license" refers to
a 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 be
brought in the name of the state of Indiana by the prosecuting
attorney for the judicial circuit in which the infraction allegedly took
place. However, if the infraction allegedly took place on a public
highway (as defined in IC 9-25-2-4) that runs on and along a
common boundary shared by two (2) or more judicial circuits, a
prosecuting attorney for any judicial circuit sharing the common
boundary may bring the action.
(c) An action to enforce an ordinance shall be brought in the name
of the municipal corporation. The municipal corporation need not
prove that it or the ordinance is valid unless validity is controverted
by affidavit.
(d) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of
Trial Procedure; and
(2) must be brought within two (2) years after the alleged
conduct or violation occurred.
(e) The plaintiff in an action under this chapter must prove the
commission of an infraction or ordinance violation by a
preponderance of the evidence.
(f) The complaint and summons described in IC 9-30-3-6 may be
used for any infraction or ordinance violation.
(g) Subsection (h) does not apply to an individual holding a
probationary license who is alleged to have committed an infraction
under any of the following when the individual was less than
eighteen (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 under
IC 9-24-6 involving the operation of a commercial motor vehicle.
The prosecuting attorney or the attorney for a municipal corporation
may establish a deferral program for deferring actions brought under
this 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 for
a municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the
court an initial user's fee and monthly user's fee set by the
prosecuting attorney or the attorney for the municipal
corporation in accordance with IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument
signed by the defendant and the prosecuting attorney or the
attorney for the municipal corporation;
(4) the defendant in the action agrees to pay a fee of seventy
dollars ($70) to the clerk of court if the action involves a
moving traffic offense (as defined in IC 9-13-2-110);
(5) the agreement is filed in the court in which the action is
brought; and
(6) if the deferral program is offered by the prosecuting
attorney, the prosecuting attorney electronically transmits
information required by the prosecuting attorneys council
concerning the withheld prosecution to the prosecuting
attorneys council, in a manner and format designated by the
prosecuting attorneys council.
When a defendant complies with the terms of an agreement filed
under this subsection (or IC 34-4-32-1(f) before its repeal), the
prosecuting attorney or the attorney for the municipal corporation
shall request the court to dismiss the action. Upon receipt of a
request to dismiss an action under this subsection, the court shall
dismiss the action. An action dismissed under this subsection (or
IC 34-4-32-1(f) before its repeal) may not be refiled.
(i) If a judgment is entered against a defendant in an action to
enforce an ordinance, the defendant may perform community
restitution or service (as defined in IC 35-41-1-4.6) instead of paying
a monetary judgment for the ordinance violation as described in
section 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 restitution
or 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 municipal
corporation requests that the defendant pay under section
4(e) of this chapter for the ordinance violation if the
defendant fails to perform the community restitution or
service provided for in the agreement as approved by the
court; and
(B) are recorded in a written instrument signed by the
defendant and the attorney for the municipal corporation;
(3) the agreement is filed in the court where the judgment was
entered; 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 up
to the amount of the judgment requested in the action under section
4(e) of this chapter as if the defendant had not entered into an
agreement 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 pleadings
are 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 defendant
consents to entry of judgment for the state without admitting
to 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 faith
that a person has committed an infraction or ordinance violation, the
law enforcement officer may detain that person for a time sufficient
to:
(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 to
provide 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 an
infraction 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; special
provisions for moving violations
Revisor's Note: P.L.106-2010, SEC.18, required this section to be
printed 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 be
entered for a violation constituting a Class B infraction.
(c) Except as provided in subsection (f), a judgment of up to five
hundred dollars ($500) may be entered for a violation constituting a
Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered
for 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 who
has admitted to a moving violation constituting a Class C infraction,
pleaded nolo contendere to a moving violation constituting a Class
C infraction, or has been found by a court to have committed a
moving violation constituting a Class C infraction may not be
required to pay more than the following amounts for the violation:
(1) If, before the appearance date specified in the summons and
complaint, the person mails or delivers an admission of the
moving violation or a plea of nolo contendere to the moving
violation, the person may not be required to pay any amount,
except court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50).
(2) If the person admits the moving violation or enters a plea of
nolo contendere to the moving violation on the appearance date
specified in the summons and complaint, the person may not be
required to pay any amount, except court costs and a judgment
that does not exceed thirty-five dollars and fifty cents ($35.50).
(3) If the person contests the moving violation in court and is
found to have committed the moving violation, the person may
not be required to pay any amount, except:
(A) court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50) if, in the five (5)
years before the appearance date specified in the summons
and complaint, the person was not found by a court in the
county to have committed a moving violation;
(B) court costs and a judgment that does not exceed two
hundred fifty dollars and fifty cents ($250.50) if, in the five
(5) years before the appearance date specified in the
summons and complaint, the person was found by a court in
the county to have committed one (1) moving violation; and
(C) court costs and a judgment that does not exceed five
hundred dollars ($500) if, in the five (5) years before the
appearance date specified in the summons and complaint,
the person was found by a court in the county to have
committed two (2) or more moving violations.
In a proceeding under subdivision (3), the court may require the
person 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 to
have committed one (1) or more moving violations.
(g) The amounts described in subsection (f) are in addition to any
amount that a person may be required to pay for attending a
defensive driving school program.
(h) This subsection applies only to infraction judgments imposed
in Marion County for traffic violations after December 31, 2010.
Subsection (f) applies to an infraction judgment described in this
subsection. However, a court shall impose a judgment of not less
than thirty-five dollars ($35) for an infraction judgment that is
entered in Marion County. These funds shall be transferred to a
dedicated 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 also
following version of this section, effective 1-1-2011.
Sec. 5. (a) A defendant against whom a judgment is entered is
liable for costs. Costs are part of the judgment and may not be
suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive
the person's liability for costs for all but one (1) of the violations.
This subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space
reserved for a person with a physical disability under
IC 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 space
reserved for a person with a physical disability under
IC 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 defining
infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that
the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a
pleading 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 also
preceding version of this section, effective until 1-1-2011.
Sec. 5. (a) A defendant against whom a judgment is entered is
liable for costs. Costs are part of the judgment and may not be
suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive
the person's liability for costs for all but one (1) of the violations.
This subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space
reserved for a person with a physical disability under
IC 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 space
reserved for a person with a physical disability under
IC 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) and
IC 9-21-5-11(e), the funds collected as judgments for violations of
statutes defining infractions shall be deposited in the state general
fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that
the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a
pleading of nolo contendere for a moving traffic violation.
(e) The funds collected for an infraction judgment described in
section 4(h) of this chapter shall be transferred to a dedicated county
fund. The money in the dedicated county fund does not revert to the
county general fund or state general fund and may be used, after
appropriation by the county fiscal body, only for the following
purposes:
(1) To pay compensation of commissioners appointed under
IC 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 against
the defendant for the violation of a traffic ordinance or for a traffic
infraction by a date fixed by the court, the court may suspend the
defendant's drivers license. When a court suspends a person's drivers
license under this section, the court shall forward notice of the
suspension 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 and
appoint a violations clerk who shall serve under the direction and
control 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 traffic
violations;
(E) payments of judgments (including costs) in traffic
violation cases;
(F) deferral agreements made under section 1(f) of this
chapter (or IC 34-4-32-1(f) before its repeal) and deferral
program fees prescribed under IC 33-37-4-2(e); and
(G) community restitution or service agreements made under
section 1(g) of this chapter;
(2) issue receipts and account for any judgments (including
costs) collected; and
(3) pay the judgments (including costs) collected to the
appropriate 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 the
violations clerk, but these violations may not include
misdemeanors or felonies;
(2) establish schedules, within limits prescribed by law, of the
judgments to be imposed for first violations, designating each
violation 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 or
deputy violations clerk shall accept, receipt, and account for all
money tendered for designated traffic violations; and
(5) dismiss deferred actions if a dismissal request is made under
section 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 the
judge services;
(2) appoint the clerk of the court to administer the traffic
violations bureau; and
(3) except at a state police unit, appoint the dispatcher on duty
at every law enforcement unit within the county to be a deputy
violations clerk charged with all of the duties of a violations
clerk. 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 within
the authority of the violations clerk may mail or deliver:
(1) the amount of the judgment (including costs) indicated on
the ticket; and
(2) a signed:
(A) admission of the violation; or
(B) pleading of nolo contendere, if the action is for a moving
traffic violation. As added by P.L.1-1998, SEC.24.
IC 34-28-5-12 Notice requirements for acceptance of admission or nolo
contendere plea
Sec. 12. Before accepting a pleading admitting to a violation or
entering a declaration of nolo contendere to a violation, the
violations clerk or the officer writing the ticket shall inform the
person 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 of
motor vehicles of Indiana or the state where the person received
a 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 issued
by a financial institution for the purpose of paying a court cost and
judgment with respect to a traffic violation that is enforced under this
chapter. The state board of accounts shall allow a county to pay any
applicable credit card service charge on behalf of a court that permits
the use of a credit card under this section. The county fiscal body
must appropriate funds to cover the costs of applicable credit card
service charges before a court may permit the use of a credit card
under 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 and
complaint issued under IC 5-16-9-10, before the appearance date
specified in the summons and complaint, mails or delivers the
following to the court having jurisdiction over the action:
(1) an admission of the violation or a plea of nolo contendere to
the violation; and
(2) a fifty dollar ($50) civil judgment;
the court shall enter a judgment against the defendant for the
violation. An admission or plea of nolo contendere received by the
court under this section (or IC 34-4-32-6 before its repeal) constitutes
a written appearance and the defendant is not required to personally
appear before the court. As added by P.L.1-1998, SEC.24.
IC 34-28-5
Chapter 5. Infraction and Ordinance Violation Enforcement
Proceedings
IC 34-28-5-1 Prosecution in name of state or municipality; rules; limitations;
burden of proof; deferral programs; agreement for community
restitution or service
Sec. 1. (a) As used in this section, "probationary license" refers to
a 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 be
brought in the name of the state of Indiana by the prosecuting
attorney for the judicial circuit in which the infraction allegedly took
place. However, if the infraction allegedly took place on a public
highway (as defined in IC 9-25-2-4) that runs on and along a
common boundary shared by two (2) or more judicial circuits, a
prosecuting attorney for any judicial circuit sharing the common
boundary may bring the action.
(c) An action to enforce an ordinance shall be brought in the name
of the municipal corporation. The municipal corporation need not
prove that it or the ordinance is valid unless validity is controverted
by affidavit.
(d) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of
Trial Procedure; and
(2) must be brought within two (2) years after the alleged
conduct or violation occurred.
(e) The plaintiff in an action under this chapter must prove the
commission of an infraction or ordinance violation by a
preponderance of the evidence.
(f) The complaint and summons described in IC 9-30-3-6 may be
used for any infraction or ordinance violation.
(g) Subsection (h) does not apply to an individual holding a
probationary license who is alleged to have committed an infraction
under any of the following when the individual was less than
eighteen (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 under
IC 9-24-6 involving the operation of a commercial motor vehicle.
The prosecuting attorney or the attorney for a municipal corporation
may establish a deferral program for deferring actions brought under
this 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 for
a municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the
court an initial user's fee and monthly user's fee set by the
prosecuting attorney or the attorney for the municipal
corporation in accordance with IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument
signed by the defendant and the prosecuting attorney or the
attorney for the municipal corporation;
(4) the defendant in the action agrees to pay a fee of seventy
dollars ($70) to the clerk of court if the action involves a
moving traffic offense (as defined in IC 9-13-2-110);
(5) the agreement is filed in the court in which the action is
brought; and
(6) if the deferral program is offered by the prosecuting
attorney, the prosecuting attorney electronically transmits
information required by the prosecuting attorneys council
concerning the withheld prosecution to the prosecuting
attorneys council, in a manner and format designated by the
prosecuting attorneys council.
When a defendant complies with the terms of an agreement filed
under this subsection (or IC 34-4-32-1(f) before its repeal), the
prosecuting attorney or the attorney for the municipal corporation
shall request the court to dismiss the action. Upon receipt of a
request to dismiss an action under this subsection, the court shall
dismiss the action. An action dismissed under this subsection (or
IC 34-4-32-1(f) before its repeal) may not be refiled.
(i) If a judgment is entered against a defendant in an action to
enforce an ordinance, the defendant may perform community
restitution or service (as defined in IC 35-41-1-4.6) instead of paying
a monetary judgment for the ordinance violation as described in
section 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 restitution
or 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 municipal
corporation requests that the defendant pay under section
4(e) of this chapter for the ordinance violation if the
defendant fails to perform the community restitution or
service provided for in the agreement as approved by the
court; and
(B) are recorded in a written instrument signed by the
defendant and the attorney for the municipal corporation;
(3) the agreement is filed in the court where the judgment was
entered; 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 up
to the amount of the judgment requested in the action under section
4(e) of this chapter as if the defendant had not entered into an
agreement 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 pleadings
are 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 defendant
consents to entry of judgment for the state without admitting
to 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 faith
that a person has committed an infraction or ordinance violation, the
law enforcement officer may detain that person for a time sufficient
to:
(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 to
provide 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 an
infraction 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; special
provisions for moving violations
Revisor's Note: P.L.106-2010, SEC.18, required this section to be
printed 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 be
entered for a violation constituting a Class B infraction.
(c) Except as provided in subsection (f), a judgment of up to five
hundred dollars ($500) may be entered for a violation constituting a
Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered
for 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 who
has admitted to a moving violation constituting a Class C infraction,
pleaded nolo contendere to a moving violation constituting a Class
C infraction, or has been found by a court to have committed a
moving violation constituting a Class C infraction may not be
required to pay more than the following amounts for the violation:
(1) If, before the appearance date specified in the summons and
complaint, the person mails or delivers an admission of the
moving violation or a plea of nolo contendere to the moving
violation, the person may not be required to pay any amount,
except court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50).
(2) If the person admits the moving violation or enters a plea of
nolo contendere to the moving violation on the appearance date
specified in the summons and complaint, the person may not be
required to pay any amount, except court costs and a judgment
that does not exceed thirty-five dollars and fifty cents ($35.50).
(3) If the person contests the moving violation in court and is
found to have committed the moving violation, the person may
not be required to pay any amount, except:
(A) court costs and a judgment that does not exceed
thirty-five dollars and fifty cents ($35.50) if, in the five (5)
years before the appearance date specified in the summons
and complaint, the person was not found by a court in the
county to have committed a moving violation;
(B) court costs and a judgment that does not exceed two
hundred fifty dollars and fifty cents ($250.50) if, in the five
(5) years before the appearance date specified in the
summons and complaint, the person was found by a court in
the county to have committed one (1) moving violation; and
(C) court costs and a judgment that does not exceed five
hundred dollars ($500) if, in the five (5) years before the
appearance date specified in the summons and complaint,
the person was found by a court in the county to have
committed two (2) or more moving violations.
In a proceeding under subdivision (3), the court may require the
person 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 to
have committed one (1) or more moving violations.
(g) The amounts described in subsection (f) are in addition to any
amount that a person may be required to pay for attending a
defensive driving school program.
(h) This subsection applies only to infraction judgments imposed
in Marion County for traffic violations after December 31, 2010.
Subsection (f) applies to an infraction judgment described in this
subsection. However, a court shall impose a judgment of not less
than thirty-five dollars ($35) for an infraction judgment that is
entered in Marion County. These funds shall be transferred to a
dedicated 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 also
following version of this section, effective 1-1-2011.
Sec. 5. (a) A defendant against whom a judgment is entered is
liable for costs. Costs are part of the judgment and may not be
suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive
the person's liability for costs for all but one (1) of the violations.
This subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space
reserved for a person with a physical disability under
IC 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 space
reserved for a person with a physical disability under
IC 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 defining
infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that
the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a
pleading 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 also
preceding version of this section, effective until 1-1-2011.
Sec. 5. (a) A defendant against whom a judgment is entered is
liable for costs. Costs are part of the judgment and may not be
suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive
the person's liability for costs for all but one (1) of the violations.
This subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space
reserved for a person with a physical disability under
IC 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 space
reserved for a person with a physical disability under
IC 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) and
IC 9-21-5-11(e), the funds collected as judgments for violations of
statutes defining infractions shall be deposited in the state general
fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that
the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a
pleading of nolo contendere for a moving traffic violation.
(e) The funds collected for an infraction judgment described in
section 4(h) of this chapter shall be transferred to a dedicated county
fund. The money in the dedicated county fund does not revert to the
county general fund or state general fund and may be used, after
appropriation by the county fiscal body, only for the following
purposes:
(1) To pay compensation of commissioners appointed under
IC 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 against
the defendant for the violation of a traffic ordinance or for a traffic
infraction by a date fixed by the court, the court may suspend the
defendant's drivers license. When a court suspends a person's drivers
license under this section, the court shall forward notice of the
suspension 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 and
appoint a violations clerk who shall serve under the direction and
control 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 traffic
violations;
(E) payments of judgments (including costs) in traffic
violation cases;
(F) deferral agreements made under section 1(f) of this
chapter (or IC 34-4-32-1(f) before its repeal) and deferral
program fees prescribed under IC 33-37-4-2(e); and
(G) community restitution or service agreements made under
section 1(g) of this chapter;
(2) issue receipts and account for any judgments (including
costs) collected; and
(3) pay the judgments (including costs) collected to the
appropriate 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 the
violations clerk, but these violations may not include
misdemeanors or felonies;
(2) establish schedules, within limits prescribed by law, of the
judgments to be imposed for first violations, designating each
violation 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 or
deputy violations clerk shall accept, receipt, and account for all
money tendered for designated traffic violations; and
(5) dismiss deferred actions if a dismissal request is made under
section 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 the
judge services;
(2) appoint the clerk of the court to administer the traffic
violations bureau; and
(3) except at a state police unit, appoint the dispatcher on duty
at every law enforcement unit within the county to be a deputy
violations clerk charged with all of the duties of a violations
clerk. 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 within
the authority of the violations clerk may mail or deliver:
(1) the amount of the judgment (including costs) indicated on
the ticket; and
(2) a signed:
(A) admission of the violation; or
(B) pleading of nolo contendere, if the action is for a moving
traffic violation. As added by P.L.1-1998, SEC.24.
IC 34-28-5-12 Notice requirements for acceptance of admission or nolo
contendere plea
Sec. 12. Before accepting a pleading admitting to a violation or
entering a declaration of nolo contendere to a violation, the
violations clerk or the officer writing the ticket shall inform the
person 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 of
motor vehicles of Indiana or the state where the person received
a 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 issued
by a financial institution for the purpose of paying a court cost and
judgment with respect to a traffic violation that is enforced under this
chapter. The state board of accounts shall allow a county to pay any
applicable credit card service charge on behalf of a court that permits
the use of a credit card under this section. The county fiscal body
must appropriate funds to cover the costs of applicable credit card
service charges before a court may permit the use of a credit card
under 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 and
complaint issued under IC 5-16-9-10, before the appearance date
specified in the summons and complaint, mails or delivers the
following to the court having jurisdiction over the action:
(1) an admission of the violation or a plea of nolo contendere to
the violation; and
(2) a fifty dollar ($50) civil judgment;
the court shall enter a judgment against the defendant for the
violation. An admission or plea of nolo contendere received by the
court under this section (or IC 34-4-32-6 before its repeal) constitutes
a written appearance and the defendant is not required to personally
appear before the court. As added by P.L.1-1998, SEC.24.
