IC 9-30-2-1 Application of chapter
Sec. 1. Sections 2 and 3 of this chapter do not apply to the
following:
(1) Officers or members of the state militia when on active duty.
(2) Officers of the United States government. As added by P.L.2-1991, SEC.18.
IC 9-30-2-2 Uniform and badge; marked police vehicle
Sec. 2. A law enforcement officer may not arrest or issue a traffic
information and summons to a person for a violation of an Indiana
law regulating the use and operation of a motor vehicle on an Indiana
highway or an ordinance of a city or town regulating the use and
operation of a motor vehicle on an Indiana highway unless at the
time of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a police
vehicle;
that will clearly show the officer or the officer's vehicle to casual
observations to be an officer or a police vehicle. This section does
not apply to an officer making an arrest when there is a uniformed
officer present at the time of the arrest. As added by P.L.2-1991, SEC.18.
IC 9-30-2-3 Reward or other compensation for making arrests; prohibition
Sec. 3. (a) This section does not apply to the fixed salary of an
officer.
(b) A peace officer, even though wearing a distinctive uniform
and badge at the time of making an arrest, may not receive and there
may not be taxed for the officer's benefit against a defendant a fee,
mileage, pay, charge, compensation, or reward that, except for this
chapter, the officer might be otherwise entitled to receive for the
arrest or upon the conviction of a defendant. As added by P.L.2-1991, SEC.18.
IC 9-30-2-4 Misdemeanor offenders required to appear before court
immediately
Sec. 4. (a) This section does not apply to a person arrested for a
misdemeanor under IC 9-30-5 (operating a vehicle while
intoxicated).
(b) If a person is arrested for a misdemeanor under this title, the
arrested person shall be immediately taken before a court within the
county in which the offense charged is alleged to have been
committed and that has jurisdiction of the offense and is nearest or
most accessible to the place where the arrest is made in any of the
following cases:
(1) When the person demands an immediate appearance before
a court.
(2) When the person is charged with an offense causing or
contributing to an accident resulting in injury to or death of a
person.
(3) When the person is charged with failure to stop for an
accident causing death, personal injuries, or damage to
property.
(4) When the person refuses to give the person's written
promise to appear in court.
(5) When the person is charged with driving while the person's
license is suspended or revoked. As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.1.
IC 9-30-2-5 Misdemeanor offenders not appearing before court immediately;
release from custody; written promise to appear; security deposit;
contents of security agreement and written promise; nonresident
requirements; refusal of security deposit
Sec. 5. (a) If a person who is an Indiana resident:
(1) is arrested for a misdemeanor regulating the use and
operation of motor vehicles, other than the misdemeanor of
operating a vehicle while intoxicated; and
(2) is not immediately taken to court as provided in section 4 of
this chapter;
the person shall be released from custody by the arresting officer
upon signing a written promise to appear in the proper court at a time
and date indicated on the promise. The resident shall be given a copy
of the promise.
(b) Except as provided in IC 9-28-1 and IC 9-28-2, if a person
who is not an Indiana resident is arrested for a violation of a traffic
ordinance or a statute punishable as an infraction or a misdemeanor
that regulates the use and operation of a motor vehicle and is not
immediately taken to court as provided in section 4 of this chapter,
the person shall be released upon the deposit of a security. The
security shall be:
(1) the amount of the fine and costs for the violation in the form
of cash, a money order, or a traveler's check made payable to
the clerk of the court; or
(2) a valid motor club card of a motor club that, by written plan
approved by the secretary of state as provided in section 8 of
this chapter, guarantees the nonresident's deposit in the amount
of the fine and costs.
The proper court shall provide a list of security deposits, which must
be equal to the fine and costs for the violation, and a security deposit
agreement that acts as a receipt for the deposit. A nonresident who
does not choose to deposit a security shall be taken to the proper
court.
(c) The agreement for the security deposit and the written promise
or notice to appear in court must contain the following:
(1) A citation of the violation.
(2) The name and address of the person accused of committing
the violation.
(3) The number of the person's license to operate a motor
vehicle.
(4) The registration number of the person's vehicle, if any.
(5) The time and place the person must appear in court.
If the violation is a misdemeanor, the time specified for appearance
must be at least five (5) days after the arrest unless the arrested
person demands an earlier hearing. The place specified for
appearance must be in the proper court within the county where the
person was arrested or given a notice to appear in the case of an
infraction or ordinance. The nonresident shall be properly informed
of the consequences of a guilty plea or an agreed judgment. The
agreement for the security must also contain a provision in which the
nonresident agrees that the court shall take permanent possession of
the deposit, and if the nonresident fails to appear in court or is not
represented in court, a guilty plea or an offer of judgment shall be
entered on the court's record on behalf of the nonresident. Upon
proper appearance or representation, the security shall be returned to
the nonresident.
(d) A nonresident licensed by a jurisdiction that has entered into
an agreement with Indiana under IC 9-28-2 may deposit the
nonresident's license to operate a motor vehicle with the law
enforcement officer as security for release. A nonresident shall, by
the date required on the security deposit agreement, do one (1) of the
following:
(1) Appear in court.
(2) Be represented in court.
(3) Deliver to the court by mail or courier the amount of the fine
and costs prescribed for the violation.
The license to operate a motor vehicle shall be returned to the
nonresident upon payment of the fine and costs and entry of a guilty
plea or upon other judgment of the court. Until a judgment has been
entered upon the court's records, the nonresident's copy of the
security deposit agreement acts as a temporary license to operate a
motor vehicle. Upon failure to appear or to be represented, the
nonresident's license to operate a motor vehicle and a copy of the
judgment shall be sent by the court to the bureau, which shall notify
the appropriate agency in accordance with IC 9-30-3-8.
(e) A nonresident who requests to deposit a security in the amount
of the fine and costs shall be accompanied to the nearest United
States mail receptacle and instructed by the law enforcement officer
to place:
(1) the amount of the fine and costs; and
(2) one (1) signed copy of the security deposit agreement;
into a stamped, addressed envelope, which the proper court shall
supply to the officer for the nonresident. The officer shall observe
this transaction and shall observe the nonresident deposit the
envelope in the mail receptacle. The nonresident shall then be
released and given a copy of the security deposit agreement. If the
nonresident does not appear in court or is not represented in court at
the time and date specified on the receipt, a guilty plea or judgment
against the nonresident shall be entered and the security deposit shall
be used to satisfy the amount of the fine and costs prescribed for the
violation.
(f) A nonresident motorist may deposit with the law enforcement
officer a valid motor club card as a guarantee of security if the motor
club or its affiliated clubs have a written plan approved by the
secretary of state that guarantees the payment of the security in the
amount of the fine and costs if the motorist:
(1) does not appear in court; or
(2) is not represented in court on the date and time specified in
the security agreement.
(g) The recipient court may refuse acceptance of a security
deposit agreement for a second moving traffic charge within a twelve
(12) month period. The court may send notice requiring a personal
court appearance on a date specified. Upon failure to appear the
court shall take the appropriate action as described in this section. As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.2.
IC 9-30-2-6 Warrantless arrests; violations; procedure
Sec. 6. A law enforcement officer may, without a warrant, arrest
a person in case of violations of:
(1) IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),
IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4; and
(2) IC 9-30-5 if the violation of IC 9-30-5 is coupled with an
accident;
when the law enforcement officer has reasonable cause to believe
that the violation was committed by the person. The procedure
prescribed in this section is not the only method prescribed by law
for the arrest and prosecution of a person for an offense of similar
grade. As added by P.L.2-1991, SEC.18. Amended by P.L.1-1992, SEC.61.
IC 9-30-2-7 Report of arrests to bureau; contents; filing; retention
Sec. 7. (a) The:
(1) superintendent of the state police department;
(2) police chief of each city or the police chief's designee;
(3) sheriff of each county; and
(4) town marshal or police chief of each town;
shall report to the bureau immediately the arrest of a person for a
violation of an Indiana law or a city ordinance relating to the
operation of motor vehicles upon the highways.
(b) The report must state the following:
(1) The offense with which the operator or driver is charged.
(2) The court in which pending.
(3) The names of all available witnesses to the violation.
(4) The name and address of the operator.
(5) If the operator is the holder of a license, the following:
(A) The kind of license and license number.
(B) The license plate number of the vehicle operated by the
operator.
(c) The bureau shall cause the report:
(1) to be filed in the bureau; and
(2) retained for at least two (2) years.
(d) The bureau shall prescribe and the bureau shall furnish the
form of the report required by this section. As added by P.L.2-1991, SEC.18. Amended by P.L.1-2007, SEC.94.
IC 9-30-2-8 Motor club card plans; guarantee to pay security in amount of
fines and costs; fees; renewal; termination; distribution of lists of
acceptable cards
Sec. 8. (a) A motor club that is a domestic corporation or a foreign
corporation qualified to transact business in Indiana under IC 23-1 or
IC 23-17, or otherwise duly qualified to transact business in Indiana
under Indiana corporation law, may guarantee as security the club's
motor club card or any card of a motor club affiliated with the motor
club, if the motor club files a plan guaranteeing to pay the security
in the amount of the fine and costs. The ability to pay the security in
the amount of the fine and costs must be demonstrated by evidence
of the motor club's financial responsibility that must be:
(1) a balance sheet certified by a certified public accountant at
the end of the club's last available fiscal year showing net assets
of the motor club in excess of five hundred thousand dollars
($500,000); or
(2) a deposit by a surety company qualified to transact business
in Indiana of an annual bond in the amount of twenty-five
thousand dollars ($25,000) payable to the state guaranteeing, in
the amount of fines and costs, the motor club cards covered by
the plan when used as a security deposit.
(b) A motor club that is a foreign corporation not qualified to
transact business in Indiana under IC 23-1, IC 23-17, or any other
Indiana corporation law shall demonstrate the club's ability to
guarantee payment of the club's card or cards of an affiliated member
as a security deposit upon the filing of a plan with the secretary of
state guaranteeing payment of the fines and costs of the security and
a deposit, by a surety company qualified to transact business in
Indiana, of an annual bond in the amount of twenty-five thousand
dollars ($25,000) payable to the state, guaranteeing, in the amount of
fines and costs, the motor club's cards covered by the plan when used
as a security deposit.
(c) A motor club must, upon filing a plan with the secretary of
state, pay a filing fee of fifty dollars ($50).
(d) A motor club must annually renew the club's motor card plan.
Renewal must be made by filing before May 1 of each year a new
certified balance sheet or surety bond together with a renewal fee of
fifty dollars ($50) with the secretary of state.
(e) An approved plan may be terminated by the motor club sixty
(60) days after written notice or termination has been delivered to the
secretary of state. Upon failure of a motor club to guarantee a
security deposit, the motor club plan may be terminated by the
secretary of state under IC 4-21.5-3.
(f) Termination by the secretary of state does not relieve a motor
club of the club's obligation to pay judgments on cards covered by
the club's plan and accepted as security as provided in this chapter.
The attorney general may bring an action for the state in an Indiana
court against a motor club to enforce an obligation.
(g) The secretary of state shall, by June 1 of each year and at other
times necessary for the administration of this section, prepare and
distribute to all courts having jurisdiction over minor traffic
violations and to the superintendent of the state police department
lists of motor club cards that may be accepted as a security deposit. As added by P.L.2-1991, SEC.18. Amended by P.L.1-2010, SEC.51.
IC 9-30-2-1 Application of chapter
Sec. 1. Sections 2 and 3 of this chapter do not apply to the
following:
(1) Officers or members of the state militia when on active duty.
(2) Officers of the United States government. As added by P.L.2-1991, SEC.18.
IC 9-30-2-2 Uniform and badge; marked police vehicle
Sec. 2. A law enforcement officer may not arrest or issue a traffic
information and summons to a person for a violation of an Indiana
law regulating the use and operation of a motor vehicle on an Indiana
highway or an ordinance of a city or town regulating the use and
operation of a motor vehicle on an Indiana highway unless at the
time of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a police
vehicle;
that will clearly show the officer or the officer's vehicle to casual
observations to be an officer or a police vehicle. This section does
not apply to an officer making an arrest when there is a uniformed
officer present at the time of the arrest. As added by P.L.2-1991, SEC.18.
IC 9-30-2-3 Reward or other compensation for making arrests; prohibition
Sec. 3. (a) This section does not apply to the fixed salary of an
officer.
(b) A peace officer, even though wearing a distinctive uniform
and badge at the time of making an arrest, may not receive and there
may not be taxed for the officer's benefit against a defendant a fee,
mileage, pay, charge, compensation, or reward that, except for this
chapter, the officer might be otherwise entitled to receive for the
arrest or upon the conviction of a defendant. As added by P.L.2-1991, SEC.18.
IC 9-30-2-4 Misdemeanor offenders required to appear before court
immediately
Sec. 4. (a) This section does not apply to a person arrested for a
misdemeanor under IC 9-30-5 (operating a vehicle while
intoxicated).
(b) If a person is arrested for a misdemeanor under this title, the
arrested person shall be immediately taken before a court within the
county in which the offense charged is alleged to have been
committed and that has jurisdiction of the offense and is nearest or
most accessible to the place where the arrest is made in any of the
following cases:
(1) When the person demands an immediate appearance before
a court.
(2) When the person is charged with an offense causing or
contributing to an accident resulting in injury to or death of a
person.
(3) When the person is charged with failure to stop for an
accident causing death, personal injuries, or damage to
property.
(4) When the person refuses to give the person's written
promise to appear in court.
(5) When the person is charged with driving while the person's
license is suspended or revoked. As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.1.
IC 9-30-2-5 Misdemeanor offenders not appearing before court immediately;
release from custody; written promise to appear; security deposit;
contents of security agreement and written promise; nonresident
requirements; refusal of security deposit
Sec. 5. (a) If a person who is an Indiana resident:
(1) is arrested for a misdemeanor regulating the use and
operation of motor vehicles, other than the misdemeanor of
operating a vehicle while intoxicated; and
(2) is not immediately taken to court as provided in section 4 of
this chapter;
the person shall be released from custody by the arresting officer
upon signing a written promise to appear in the proper court at a time
and date indicated on the promise. The resident shall be given a copy
of the promise.
(b) Except as provided in IC 9-28-1 and IC 9-28-2, if a person
who is not an Indiana resident is arrested for a violation of a traffic
ordinance or a statute punishable as an infraction or a misdemeanor
that regulates the use and operation of a motor vehicle and is not
immediately taken to court as provided in section 4 of this chapter,
the person shall be released upon the deposit of a security. The
security shall be:
(1) the amount of the fine and costs for the violation in the form
of cash, a money order, or a traveler's check made payable to
the clerk of the court; or
(2) a valid motor club card of a motor club that, by written plan
approved by the secretary of state as provided in section 8 of
this chapter, guarantees the nonresident's deposit in the amount
of the fine and costs.
The proper court shall provide a list of security deposits, which must
be equal to the fine and costs for the violation, and a security deposit
agreement that acts as a receipt for the deposit. A nonresident who
does not choose to deposit a security shall be taken to the proper
court.
(c) The agreement for the security deposit and the written promise
or notice to appear in court must contain the following:
(1) A citation of the violation.
(2) The name and address of the person accused of committing
the violation.
(3) The number of the person's license to operate a motor
vehicle.
(4) The registration number of the person's vehicle, if any.
(5) The time and place the person must appear in court.
If the violation is a misdemeanor, the time specified for appearance
must be at least five (5) days after the arrest unless the arrested
person demands an earlier hearing. The place specified for
appearance must be in the proper court within the county where the
person was arrested or given a notice to appear in the case of an
infraction or ordinance. The nonresident shall be properly informed
of the consequences of a guilty plea or an agreed judgment. The
agreement for the security must also contain a provision in which the
nonresident agrees that the court shall take permanent possession of
the deposit, and if the nonresident fails to appear in court or is not
represented in court, a guilty plea or an offer of judgment shall be
entered on the court's record on behalf of the nonresident. Upon
proper appearance or representation, the security shall be returned to
the nonresident.
(d) A nonresident licensed by a jurisdiction that has entered into
an agreement with Indiana under IC 9-28-2 may deposit the
nonresident's license to operate a motor vehicle with the law
enforcement officer as security for release. A nonresident shall, by
the date required on the security deposit agreement, do one (1) of the
following:
(1) Appear in court.
(2) Be represented in court.
(3) Deliver to the court by mail or courier the amount of the fine
and costs prescribed for the violation.
The license to operate a motor vehicle shall be returned to the
nonresident upon payment of the fine and costs and entry of a guilty
plea or upon other judgment of the court. Until a judgment has been
entered upon the court's records, the nonresident's copy of the
security deposit agreement acts as a temporary license to operate a
motor vehicle. Upon failure to appear or to be represented, the
nonresident's license to operate a motor vehicle and a copy of the
judgment shall be sent by the court to the bureau, which shall notify
the appropriate agency in accordance with IC 9-30-3-8.
(e) A nonresident who requests to deposit a security in the amount
of the fine and costs shall be accompanied to the nearest United
States mail receptacle and instructed by the law enforcement officer
to place:
(1) the amount of the fine and costs; and
(2) one (1) signed copy of the security deposit agreement;
into a stamped, addressed envelope, which the proper court shall
supply to the officer for the nonresident. The officer shall observe
this transaction and shall observe the nonresident deposit the
envelope in the mail receptacle. The nonresident shall then be
released and given a copy of the security deposit agreement. If the
nonresident does not appear in court or is not represented in court at
the time and date specified on the receipt, a guilty plea or judgment
against the nonresident shall be entered and the security deposit shall
be used to satisfy the amount of the fine and costs prescribed for the
violation.
(f) A nonresident motorist may deposit with the law enforcement
officer a valid motor club card as a guarantee of security if the motor
club or its affiliated clubs have a written plan approved by the
secretary of state that guarantees the payment of the security in the
amount of the fine and costs if the motorist:
(1) does not appear in court; or
(2) is not represented in court on the date and time specified in
the security agreement.
(g) The recipient court may refuse acceptance of a security
deposit agreement for a second moving traffic charge within a twelve
(12) month period. The court may send notice requiring a personal
court appearance on a date specified. Upon failure to appear the
court shall take the appropriate action as described in this section. As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.2.
IC 9-30-2-6 Warrantless arrests; violations; procedure
Sec. 6. A law enforcement officer may, without a warrant, arrest
a person in case of violations of:
(1) IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),
IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4; and
(2) IC 9-30-5 if the violation of IC 9-30-5 is coupled with an
accident;
when the law enforcement officer has reasonable cause to believe
that the violation was committed by the person. The procedure
prescribed in this section is not the only method prescribed by law
for the arrest and prosecution of a person for an offense of similar
grade. As added by P.L.2-1991, SEC.18. Amended by P.L.1-1992, SEC.61.
IC 9-30-2-7 Report of arrests to bureau; contents; filing; retention
Sec. 7. (a) The:
(1) superintendent of the state police department;
(2) police chief of each city or the police chief's designee;
(3) sheriff of each county; and
(4) town marshal or police chief of each town;
shall report to the bureau immediately the arrest of a person for a
violation of an Indiana law or a city ordinance relating to the
operation of motor vehicles upon the highways.
(b) The report must state the following:
(1) The offense with which the operator or driver is charged.
(2) The court in which pending.
(3) The names of all available witnesses to the violation.
(4) The name and address of the operator.
(5) If the operator is the holder of a license, the following:
(A) The kind of license and license number.
(B) The license plate number of the vehicle operated by the
operator.
(c) The bureau shall cause the report:
(1) to be filed in the bureau; and
(2) retained for at least two (2) years.
(d) The bureau shall prescribe and the bureau shall furnish the
form of the report required by this section. As added by P.L.2-1991, SEC.18. Amended by P.L.1-2007, SEC.94.
IC 9-30-2-8 Motor club card plans; guarantee to pay security in amount of
fines and costs; fees; renewal; termination; distribution of lists of
acceptable cards
Sec. 8. (a) A motor club that is a domestic corporation or a foreign
corporation qualified to transact business in Indiana under IC 23-1 or
IC 23-17, or otherwise duly qualified to transact business in Indiana
under Indiana corporation law, may guarantee as security the club's
motor club card or any card of a motor club affiliated with the motor
club, if the motor club files a plan guaranteeing to pay the security
in the amount of the fine and costs. The ability to pay the security in
the amount of the fine and costs must be demonstrated by evidence
of the motor club's financial responsibility that must be:
(1) a balance sheet certified by a certified public accountant at
the end of the club's last available fiscal year showing net assets
of the motor club in excess of five hundred thousand dollars
($500,000); or
(2) a deposit by a surety company qualified to transact business
in Indiana of an annual bond in the amount of twenty-five
thousand dollars ($25,000) payable to the state guaranteeing, in
the amount of fines and costs, the motor club cards covered by
the plan when used as a security deposit.
(b) A motor club that is a foreign corporation not qualified to
transact business in Indiana under IC 23-1, IC 23-17, or any other
Indiana corporation law shall demonstrate the club's ability to
guarantee payment of the club's card or cards of an affiliated member
as a security deposit upon the filing of a plan with the secretary of
state guaranteeing payment of the fines and costs of the security and
a deposit, by a surety company qualified to transact business in
Indiana, of an annual bond in the amount of twenty-five thousand
dollars ($25,000) payable to the state, guaranteeing, in the amount of
fines and costs, the motor club's cards covered by the plan when used
as a security deposit.
(c) A motor club must, upon filing a plan with the secretary of
state, pay a filing fee of fifty dollars ($50).
(d) A motor club must annually renew the club's motor card plan.
Renewal must be made by filing before May 1 of each year a new
certified balance sheet or surety bond together with a renewal fee of
fifty dollars ($50) with the secretary of state.
(e) An approved plan may be terminated by the motor club sixty
(60) days after written notice or termination has been delivered to the
secretary of state. Upon failure of a motor club to guarantee a
security deposit, the motor club plan may be terminated by the
secretary of state under IC 4-21.5-3.
(f) Termination by the secretary of state does not relieve a motor
club of the club's obligation to pay judgments on cards covered by
the club's plan and accepted as security as provided in this chapter.
The attorney general may bring an action for the state in an Indiana
court against a motor club to enforce an obligation.
(g) The secretary of state shall, by June 1 of each year and at other
times necessary for the administration of this section, prepare and
distribute to all courts having jurisdiction over minor traffic
violations and to the superintendent of the state police department
lists of motor club cards that may be accepted as a security deposit. As added by P.L.2-1991, SEC.18. Amended by P.L.1-2010, SEC.51.
IC 9-30-2-1 Application of chapter
Sec. 1. Sections 2 and 3 of this chapter do not apply to the
following:
(1) Officers or members of the state militia when on active duty.
(2) Officers of the United States government. As added by P.L.2-1991, SEC.18.
IC 9-30-2-2 Uniform and badge; marked police vehicle
Sec. 2. A law enforcement officer may not arrest or issue a traffic
information and summons to a person for a violation of an Indiana
law regulating the use and operation of a motor vehicle on an Indiana
highway or an ordinance of a city or town regulating the use and
operation of a motor vehicle on an Indiana highway unless at the
time of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a police
vehicle;
that will clearly show the officer or the officer's vehicle to casual
observations to be an officer or a police vehicle. This section does
not apply to an officer making an arrest when there is a uniformed
officer present at the time of the arrest. As added by P.L.2-1991, SEC.18.
IC 9-30-2-3 Reward or other compensation for making arrests; prohibition
Sec. 3. (a) This section does not apply to the fixed salary of an
officer.
(b) A peace officer, even though wearing a distinctive uniform
and badge at the time of making an arrest, may not receive and there
may not be taxed for the officer's benefit against a defendant a fee,
mileage, pay, charge, compensation, or reward that, except for this
chapter, the officer might be otherwise entitled to receive for the
arrest or upon the conviction of a defendant. As added by P.L.2-1991, SEC.18.
IC 9-30-2-4 Misdemeanor offenders required to appear before court
immediately
Sec. 4. (a) This section does not apply to a person arrested for a
misdemeanor under IC 9-30-5 (operating a vehicle while
intoxicated).
(b) If a person is arrested for a misdemeanor under this title, the
arrested person shall be immediately taken before a court within the
county in which the offense charged is alleged to have been
committed and that has jurisdiction of the offense and is nearest or
most accessible to the place where the arrest is made in any of the
following cases:
(1) When the person demands an immediate appearance before
a court.
(2) When the person is charged with an offense causing or
contributing to an accident resulting in injury to or death of a
person.
(3) When the person is charged with failure to stop for an
accident causing death, personal injuries, or damage to
property.
(4) When the person refuses to give the person's written
promise to appear in court.
(5) When the person is charged with driving while the person's
license is suspended or revoked. As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.1.
IC 9-30-2-5 Misdemeanor offenders not appearing before court immediately;
release from custody; written promise to appear; security deposit;
contents of security agreement and written promise; nonresident
requirements; refusal of security deposit
Sec. 5. (a) If a person who is an Indiana resident:
(1) is arrested for a misdemeanor regulating the use and
operation of motor vehicles, other than the misdemeanor of
operating a vehicle while intoxicated; and
(2) is not immediately taken to court as provided in section 4 of
this chapter;
the person shall be released from custody by the arresting officer
upon signing a written promise to appear in the proper court at a time
and date indicated on the promise. The resident shall be given a copy
of the promise.
(b) Except as provided in IC 9-28-1 and IC 9-28-2, if a person
who is not an Indiana resident is arrested for a violation of a traffic
ordinance or a statute punishable as an infraction or a misdemeanor
that regulates the use and operation of a motor vehicle and is not
immediately taken to court as provided in section 4 of this chapter,
the person shall be released upon the deposit of a security. The
security shall be:
(1) the amount of the fine and costs for the violation in the form
of cash, a money order, or a traveler's check made payable to
the clerk of the court; or
(2) a valid motor club card of a motor club that, by written plan
approved by the secretary of state as provided in section 8 of
this chapter, guarantees the nonresident's deposit in the amount
of the fine and costs.
The proper court shall provide a list of security deposits, which must
be equal to the fine and costs for the violation, and a security deposit
agreement that acts as a receipt for the deposit. A nonresident who
does not choose to deposit a security shall be taken to the proper
court.
(c) The agreement for the security deposit and the written promise
or notice to appear in court must contain the following:
(1) A citation of the violation.
(2) The name and address of the person accused of committing
the violation.
(3) The number of the person's license to operate a motor
vehicle.
(4) The registration number of the person's vehicle, if any.
(5) The time and place the person must appear in court.
If the violation is a misdemeanor, the time specified for appearance
must be at least five (5) days after the arrest unless the arrested
person demands an earlier hearing. The place specified for
appearance must be in the proper court within the county where the
person was arrested or given a notice to appear in the case of an
infraction or ordinance. The nonresident shall be properly informed
of the consequences of a guilty plea or an agreed judgment. The
agreement for the security must also contain a provision in which the
nonresident agrees that the court shall take permanent possession of
the deposit, and if the nonresident fails to appear in court or is not
represented in court, a guilty plea or an offer of judgment shall be
entered on the court's record on behalf of the nonresident. Upon
proper appearance or representation, the security shall be returned to
the nonresident.
(d) A nonresident licensed by a jurisdiction that has entered into
an agreement with Indiana under IC 9-28-2 may deposit the
nonresident's license to operate a motor vehicle with the law
enforcement officer as security for release. A nonresident shall, by
the date required on the security deposit agreement, do one (1) of the
following:
(1) Appear in court.
(2) Be represented in court.
(3) Deliver to the court by mail or courier the amount of the fine
and costs prescribed for the violation.
The license to operate a motor vehicle shall be returned to the
nonresident upon payment of the fine and costs and entry of a guilty
plea or upon other judgment of the court. Until a judgment has been
entered upon the court's records, the nonresident's copy of the
security deposit agreement acts as a temporary license to operate a
motor vehicle. Upon failure to appear or to be represented, the
nonresident's license to operate a motor vehicle and a copy of the
judgment shall be sent by the court to the bureau, which shall notify
the appropriate agency in accordance with IC 9-30-3-8.
(e) A nonresident who requests to deposit a security in the amount
of the fine and costs shall be accompanied to the nearest United
States mail receptacle and instructed by the law enforcement officer
to place:
(1) the amount of the fine and costs; and
(2) one (1) signed copy of the security deposit agreement;
into a stamped, addressed envelope, which the proper court shall
supply to the officer for the nonresident. The officer shall observe
this transaction and shall observe the nonresident deposit the
envelope in the mail receptacle. The nonresident shall then be
released and given a copy of the security deposit agreement. If the
nonresident does not appear in court or is not represented in court at
the time and date specified on the receipt, a guilty plea or judgment
against the nonresident shall be entered and the security deposit shall
be used to satisfy the amount of the fine and costs prescribed for the
violation.
(f) A nonresident motorist may deposit with the law enforcement
officer a valid motor club card as a guarantee of security if the motor
club or its affiliated clubs have a written plan approved by the
secretary of state that guarantees the payment of the security in the
amount of the fine and costs if the motorist:
(1) does not appear in court; or
(2) is not represented in court on the date and time specified in
the security agreement.
(g) The recipient court may refuse acceptance of a security
deposit agreement for a second moving traffic charge within a twelve
(12) month period. The court may send notice requiring a personal
court appearance on a date specified. Upon failure to appear the
court shall take the appropriate action as described in this section. As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.2.
IC 9-30-2-6 Warrantless arrests; violations; procedure
Sec. 6. A law enforcement officer may, without a warrant, arrest
a person in case of violations of:
(1) IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),
IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4; and
(2) IC 9-30-5 if the violation of IC 9-30-5 is coupled with an
accident;
when the law enforcement officer has reasonable cause to believe
that the violation was committed by the person. The procedure
prescribed in this section is not the only method prescribed by law
for the arrest and prosecution of a person for an offense of similar
grade. As added by P.L.2-1991, SEC.18. Amended by P.L.1-1992, SEC.61.
IC 9-30-2-7 Report of arrests to bureau; contents; filing; retention
Sec. 7. (a) The:
(1) superintendent of the state police department;
(2) police chief of each city or the police chief's designee;
(3) sheriff of each county; and
(4) town marshal or police chief of each town;
shall report to the bureau immediately the arrest of a person for a
violation of an Indiana law or a city ordinance relating to the
operation of motor vehicles upon the highways.
(b) The report must state the following:
(1) The offense with which the operator or driver is charged.
(2) The court in which pending.
(3) The names of all available witnesses to the violation.
(4) The name and address of the operator.
(5) If the operator is the holder of a license, the following:
(A) The kind of license and license number.
(B) The license plate number of the vehicle operated by the
operator.
(c) The bureau shall cause the report:
(1) to be filed in the bureau; and
(2) retained for at least two (2) years.
(d) The bureau shall prescribe and the bureau shall furnish the
form of the report required by this section. As added by P.L.2-1991, SEC.18. Amended by P.L.1-2007, SEC.94.
IC 9-30-2-8 Motor club card plans; guarantee to pay security in amount of
fines and costs; fees; renewal; termination; distribution of lists of
acceptable cards
Sec. 8. (a) A motor club that is a domestic corporation or a foreign
corporation qualified to transact business in Indiana under IC 23-1 or
IC 23-17, or otherwise duly qualified to transact business in Indiana
under Indiana corporation law, may guarantee as security the club's
motor club card or any card of a motor club affiliated with the motor
club, if the motor club files a plan guaranteeing to pay the security
in the amount of the fine and costs. The ability to pay the security in
the amount of the fine and costs must be demonstrated by evidence
of the motor club's financial responsibility that must be:
(1) a balance sheet certified by a certified public accountant at
the end of the club's last available fiscal year showing net assets
of the motor club in excess of five hundred thousand dollars
($500,000); or
(2) a deposit by a surety company qualified to transact business
in Indiana of an annual bond in the amount of twenty-five
thousand dollars ($25,000) payable to the state guaranteeing, in
the amount of fines and costs, the motor club cards covered by
the plan when used as a security deposit.
(b) A motor club that is a foreign corporation not qualified to
transact business in Indiana under IC 23-1, IC 23-17, or any other
Indiana corporation law shall demonstrate the club's ability to
guarantee payment of the club's card or cards of an affiliated member
as a security deposit upon the filing of a plan with the secretary of
state guaranteeing payment of the fines and costs of the security and
a deposit, by a surety company qualified to transact business in
Indiana, of an annual bond in the amount of twenty-five thousand
dollars ($25,000) payable to the state, guaranteeing, in the amount of
fines and costs, the motor club's cards covered by the plan when used
as a security deposit.
(c) A motor club must, upon filing a plan with the secretary of
state, pay a filing fee of fifty dollars ($50).
(d) A motor club must annually renew the club's motor card plan.
Renewal must be made by filing before May 1 of each year a new
certified balance sheet or surety bond together with a renewal fee of
fifty dollars ($50) with the secretary of state.
(e) An approved plan may be terminated by the motor club sixty
(60) days after written notice or termination has been delivered to the
secretary of state. Upon failure of a motor club to guarantee a
security deposit, the motor club plan may be terminated by the
secretary of state under IC 4-21.5-3.
(f) Termination by the secretary of state does not relieve a motor
club of the club's obligation to pay judgments on cards covered by
the club's plan and accepted as security as provided in this chapter.
The attorney general may bring an action for the state in an Indiana
court against a motor club to enforce an obligation.
(g) The secretary of state shall, by June 1 of each year and at other
times necessary for the administration of this section, prepare and
distribute to all courts having jurisdiction over minor traffic
violations and to the superintendent of the state police department
lists of motor club cards that may be accepted as a security deposit. As added by P.L.2-1991, SEC.18. Amended by P.L.1-2010, SEC.51.
