Infraction Deferral Program

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The Washington County Prosecuting Attorney’s Office has an infraction deferral program available for persons who have been cited for certain infraction offenses, both traffic and non-traffic related. When a person completes this program, the infraction ticket is dismissed and no judgments or points will be noted on the person’s driving or court record. The eligibility requirements, length and cost of the program vary depending on the nature of the infraction offense. For purposes of this program, the offenses are placed in one of three categories:

1) Moving Violation: This type of offense involves the operation of a motor vehicle in a manner which is illegal due to the operation of the vehicle in a particular manner. The most common “moving violations” are speeding, disregarding traffic control devices, driving left of the center of the roadway, etc.

2) Non-Moving Violation: This type of offense involve a motor vehicle, but the violation is not attributed to an illegal movement of the vehicle, but rather to a particular status of the vehicle or driver. The most common “non-moving violations” are expired license plates, expired driver’s license, inoperable equipment, etc. Indiana law classifies non-moving violations as Class A, B or C infractions.

3) Non-Traffic Violation: This type of offense is not associated with a motor vehicle. The most common “non-traffic violations” are associated with DNR laws, such as fishing without a license, etc., though not all are DNR violations. Indiana law classifies non-traffic violations as Class A, B or C infractions.

 

Infraction Deferral Program Duration:

Moving Violation:

Six (6) months

Non-Moving or Non-Traffic Violation:

Class A infraction: Six (6) months
Class B infraction: Three (3) months
Class C infraction: Three (3) months

 

Infraction Deferral Program Fee Schedule:

Moving Violations

Court costs:

$70.00

I.C. 34-28-5-1(h)(4)

Initial user’s fee:

$52.00

I.C. 33-37-4-2(e)(1)

Monthly user’s fee:

$10.00 (6 months)

I.C. 33-37-4-2(e)(2)

Document Storage Fee

$5.00

I.C. 33-37-5-20

Automated record keeping fee:

$5.00

I.C. 33-37-4-2(b)(9)

Highway Workzone fee

     50¢

I.C.33-37-5-14

Total Fee:

$192.50

 

Non-Moving or Non-Traffic Violations:
Class A Infraction

Initial user’s fee:

$52.00

I.C. 33-37-4-2(e)(1)

Monthly user’s fee:

$10.00 (6 months)

I.C. 33-37-4-2(e)(2)

Automated record keeping fee:

$5.00

I.C. 33-37-4-2(b)(9)

Document Storage fee:

$5.00

I.C. 33-27-5-20

Highway Work Zone Fee (if a driving offense)     50¢

I.C.33-37-5-14

Total Fee:

$122.00 (Non-Traffic)

 

 

$122.50 (Traffic)

 

 

 

 

Class B Infraction

 

 

Initial user’s fee:

$52.00

I.C. 33-37-4-2(e)(1)

Monthly user’s fee:

$10.00 (3 months)

I.C. 33-37-4-2(e)(2)

Automated record keeping fee:

$5.00

I.C. 33-37-4-2(b)(9)

Document Storage Fee

$5.00

I.C. 33-37-5-20

Highway Work Zone Fee (if a driving offense)

    50¢

I.C.33-37-5-14

Total Fee:

$92.00 (Non-Traffic)

 

 

$92.50 (Traffic)

 

 

 

 

Class C Infraction

 

 

Initial user’s fee:

$46.00

I.C. 33-37-4-2(e)(1)

Monthly user’s fee:

$10.00 (3 Months)

I.C. 33-37-4-2(e)(2)

Automated record keeping fee:

$5.00

I.C. 33-37-4-2(b)(9)

Document Storage fee:

$5.00

I.C. 33-37-5-20

Highway Work Zone Fee (if a driving offense)

    50¢

I.C.33-37-5-14

Total Fee: $86.00 (Non-Traffic)
$86.50 (Traffic)


Deferral Program Eligibility and Requirements:

Moving Violations:

Eligibility

1. Not be under eighteen (18) years of age at the time of the offense AND having a probationary license. (I.C. 34-28-5-1(g))
2. Not hold a CDL license. (I.C. 34-28-5-1(h))
3. Not have been convicted of more than five (5) moving violations in the last five (5) years
4. Not been convicted of any major moving violations in the past five (5) years (This includes misdemeanor moving violations, i.e., OWI, Leaving the Scene of an Accident, Reckless Driving, etc.)
5. Current charge does not involve an offense that resulted in property damage or personal injury (Such as improper passing that resulted in a traffic accident, etc.)

Requirements

1. Sign a written deferral agreement
2. Pay program fees by money order or certified check at the time of signing the agreement.
3. Not be charged with any traffic violations for the designated period (3-6 months) from the date of the deferral agreement.
4. Inform the deferral director of any change in address during the six month period of the deferral agreement.

 

Non-Moving Violations:

Eligibility

1. Not be under eighteen (18) years of age at the time of the offense AND having a probationary license. (I.C. 34-28-5-1(g))
2. Not hold a CDL license. (I.C. 34-28-5-1(h))

Requirements

1. Sign a written deferral agreement
2. Pay program fees by money order or certified check at the time of signing the agreement.
3. Not be charged with any traffic violations for the designated period (3-6 months) from the date of the deferral agreement.
4. Inform the deferral director of any change in address during the 3 month period of the deferral agreement.

 

Non-Traffic Class A, B, C Infractions:

Eligibility

1. Not be under eighteen (18) years of age.

Requirements

1. Sign a written deferral agreement (Class A Infraction, Class B Infraction, Class C Infraction)
2. Pay program fees by money order or certified check at the time of signing the agreement.
3. Not be charged with any similar violations for the period of time designated (3-6 months) from the date of the deferral agreement.
4. Inform the deferral director of any change in address during the period of the deferral agreement.

 

How to sign up for the Infraction Deferral Program:

If you believe you are eligible for the Infraction Deferral Program and wish to participate, contact Megan Cissna at the PROSECUTOR's OFFICE, (812) 883-6560.  DO NOT CONTACT THE WASHINGTON CIRCUIT COURT OR SUPERIOR COURT.

The signed agreement and payment must be received before your court appearance date. Failure to make these arrangements before the court appearance date will make you ineligible for the program. There are no exceptions.

If you are determined to be eligible, the proper agreement can be downloaded from this website.  The signed agreement must be sent to the Washington County Clerk- Violations Division, along with a certified check or money order in the designated amount.  Agreements and payment must be received prior to your court date or you must appear in court, unless you have been granted an extension by the Washington Circuit Court.

Washington County Clerk - Violations Division
99 Public Square, Ste. 102
Salem, IN 47167
(812) 883-5748