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)

 

Automated record keeping fee:

$5.00

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

 

Document storage fee:

$2.00

I.C. 33-37-5

 

Highway work zone fee

$0.50

I.C. 33-37-5

 

Total Fee:

$189.50

 

 

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:

$2.00

I.C. 33-37-5

 

Total Fee:

$119.00

 

 

 

 

 

 

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:

$2.00

I.C. 33-37-5

 

Total Fee:

$89.00

 

 

 

 

 

 

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:

$2.00

I.C. 33-37-5

  Total Fee: $83.00  


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, fill out the proper agreement (posted above on this webpage) and return it with a certified check or money order for the proper amount, payable to the Washington County Clerk, Violations Department. Send the signed agreement, signed waiver of attorney form and the payment to:

WASHINGTON COUNTY PROSECUTOR’S OFFICE
Infraction Deferral Director
806 Martinsburg Road, Suite 202
Salem, IN 47167

PERSONAL CHECKS WILL NOT BE ACCEPTED

DO NOT SEND CASH THROUGH THE MAIL (cash will be accepted if delivered personally to the above address)

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.

DO NOT CONTACT THE WASHINGTON CIRCUIT OR SUPERIOR COURT.

CONTACT BRADLEY SEACAT AT THE PROSECUTOR’S OFFICE IF YOU HAVE ANY QUESTIONS. (812)883-6560

If it is determined that you are ineligible for the program, a copy of the agreement will be returned to you unsigned by this office along with your payment. If you are not eligible, do not apply for the program. Upon receipt of the agreement, your driving record in all states will be checked to confirm your eligibility if you were cited for a traffic-related offense. Please be aware that the Prosecuting Attorney will make the final decision as to eligibility and that meeting the stated requirements does not mean that you will automatically be approved for the program.