Traffic Violations in Indiana
In Indiana, road use is regulated by the state's road traffic statutes. According to the state's traffic code, offenses committed by road users are deemed traffic violations, and these are a common occurrence on Indiana roads. As such, Indiana road traffic laws are enforced by the local law enforcement agencies, and Indiana state courts prosecute traffic offenders.
There are several different types of traffic violations in Indiana, and the severity of the offense depends on the nature of the breach and the driver's history. Records of these violations are typically included in the offenders Indiana traffic records. Some common traffic violations in Indiana include:
- Running a red light or stop sign
- Illegal u-turns
- Failing to yield the right of way
- Texting while driving
There are also many more serious traffic offenses, such as drunk driving and reckless driving. These offenses can result in significant fines and even jail time.
If convicted of a traffic violation, motorists will likely have to pay a fine. The amount of the fine will depend on the severity of the offense. The offender may also be required to attend a driver's education course or perform community service. In some cases, they may even lose their driver's license.
Types of Traffic Violations in Indiana
Traffic violations in Indiana can be classified into several categories, each with its implications. The most common violations are speeding, failing to yield, and running a red light. Traffic violations can result in fines and points on a motorist's driver's license. If a motorist accumulates too many points, their license may be suspended. Failing to yield and running a red light can result in a ticket, and if the motorist causes an accident, they may also be charged with negligence.
There are other types of traffic violations, such as driving without a license or insurance. These violations can also result in fines and, in some cases, jail time.
Traffic violations can also be categorized as civil or criminal. A civil violation is a traffic ticket that carries a fine. A criminal violation is a criminal traffic offense typically penalized with jail time and other severe penalties.
Indiana Traffic Violation Code
The Indiana Criminal Code governs Indiana traffic laws. There are a variety of statutes and codes that dictate how motorists must behave on the state's roads, including:
- IC 9-21-1-2: This statute states that all vehicles driven on a public highway in Indiana must be registered and insured.
- IC 9-21-8-48: This statute prohibits driving a motor vehicle while under the influence of alcohol or drugs.
- IC 9-21-8-49: This statute states that it is illegal to operate a motor vehicle without proper brakes.
- IC 9-21-8-50: This statute prohibits driving a motor vehicle that is in an unsafe condition.
- IC 9-21-8-51: This statute prohibits making or causing excessive noise with a motor vehicle.
- IC 9-21-8-52: This statute prohibits driving a motor vehicle on a public highway at a speed that is greater than what is reasonable and proper.
Motorists must also obey any local ordinances that may be in place. For example, many cities have laws prohibiting drivers from making a U-turn at certain intersections. Violating a traffic law can result in a criminal charge if the offense results in severe injury or death. Further information on Indiana traffic laws can be obtained by visiting the website of the Indiana State Police.
Indiana Felony Traffic Violations
According to the Indiana traffic code, several felony traffic violations can result in criminal penalties. Some of the most common include driving while intoxicated (DWI), vehicular homicide, and fleeing the scene of an accident.
The statutes of the Indiana traffic code most relevant to felony traffic violations include:
- IC 9-30-5-1, Driving while intoxicated
- IC 9-30-5-2, Vehicular homicide
- IC 9-30-5-3, Reckless homicide
- IC 9-30-5-4. Leaving the scene of an accident resulting in death
- IC 35-42-2-1, Operating a vehicle while intoxicated
- IC 35-44.1-3-1, Homicide by vehicle
- IC 35–50–2–10, Causing serious bodily injury when operating a vehicle while intoxicated.
The penalties for felony traffic violations in Indiana include:
- Up to 3 years in prison
- $10,000 fine
- Driver's license suspension for up to 2 years
- Vehicle seizure
It is important to note that the aforementioned penalties are just a general overview of what motorists may face if convicted of a felony traffic violation. Offenders are advised to speak with an experienced criminal defense attorney to learn more about the specific penalties they may be facing in the aftermath of a traffic violation.
Indiana Traffic Misdemeanors
Indiana traffic misdemeanors are typically less serious offenses than felonies, but they can still result in jail time, fines, and a criminal record. Depending on the severity of the offense, a misdemeanor may be punishable by up to one year in jail and a fine of up to $5,000.
Some examples of Indiana traffic misdemeanors include:
- DUI/DWI (depending on the level of intoxication and whether or not an accident resulted)
- Reckless driving
- Driving without insurance
The provisions for Indiana misdemeanors are outlined in Indiana Code 35-50-3. A misdemeanor offense is typically classified as a Level 6 felony but can be enhanced to a Level 5 or 4 felony under certain circumstances.
Indiana Traffic Infractions
A traffic infraction is a violation of Indiana's traffic laws that results in a fine but no jail time. The most common type of traffic infraction is speeding. Other examples of traffic infractions include:
- Failure to use turn signals
- Failure to yield
- Running a stop sign or red light
- Illegal U-turns
- Driving without insurance
If convicted of a traffic infraction, the motorist will need to appear in court and pay the associated fine. If the motorist fails to do so, their license may be suspended. In some cases, the motorist may be able to attend traffic school instead of paying the fine.
Indiana Traffic Violation Codes and Fines
The Indiana Traffic Violation Bureau issues the following fines for traffic violations:
If caught driving without insurance in Indiana, motorists will be fined between $25 and $250. If they cannot produce a motorist insurance card when requested by a police officer, they will be fined $25.
Speeding violations are fined as follows: 1-5 mph over the limit is $100, 6-10 mph over the limit is $200, 11-15 mph over the limit is $300, and 16+ mph over the limit is a Class A misdemeanor.
Illegal passing and illegal U-turns are both fined $300.
Motorists accused of reckless driving are fined $500. Driving while suspended or revoked is a serious offense and can result in a fine of $1,000-$5,000.
Other fines are indicated in the state's traffic code.
How to Pay a Traffic Violation Ticket in Indiana
If a motorist receives a traffic violation ticket in Indiana, there are a few different ways they can pay the associated fine. Offenders can either pay online, by mail or in person at the court that issued the ticket:
Paying an Indiana Traffic Ticket Online
Offenders can pay Indiana traffic tickets online through the Indiana Bureau of Motor Vehicles (BMV) website. To make a payment, the payer will need to enter their ticket number and other identifying information. They can then proceed to pay using a credit or debit card.
Paying an Indiana Traffic Ticket by Mail
Motorists can also send a motorist payment for a traffic violation ticket via mail. To do so, simply send a check or money order made out to the "Indiana Bureau of Motor Vehicles" to the following address:
Indiana Bureau of Motor Vehicles
100 North Senate Avenue
Indianapolis, IN 46204-2253
Paying an Indiana Traffic Ticket In Person
Offending motorists may opt to pay a motorist traffic violation ticket in person. To do so, they'll need to visit the court that issued the ticket and make a payment at the clerk's office. Payments can be made with cash, a check, or money order. Further questions about paying a motorist traffic violation ticket can be directed to the court.
If the offender doesn't pay the traffic violation ticket within the specified timeframe, they may be subject to additional penalties, such as late fees or suspension of their license. If they believe that they have been unfairly ticketed, the offender can choose to fight the ticket in court. However, offenders should only do so if confident in their ability to present a strong case.
It is important to note that paying a traffic ticket is considered an admission of guilt. If the accused does not believe that they are guilty of the violation, they contest it. Otherwise, they may end up with points on their driving record, leading to higher insurance rates or even a license suspension.
Traffic Violation Lookup in Indiana
Looking up traffic violations in Indiana is a simple process. Interested persons can visit the website of the Indiana Bureau of Motor Vehicles (BMV) and use their online search tool. Requestors will need to provide a motorist driver's license number and date of birth. After submitting this information, the motorist will be able to view a list of their traffic violations.
If they would like to contest a traffic violation, the motorist can do so by mail or in person at a local BMV office. Requestors will typically need to fill out a Contest of Traffic Violation form and submit it along with any supporting documentation. A hearing will then be scheduled where the motorist can present their case.
How to Plead not Guilty to a Traffic Violation in Indiana
Motorists who have been issued a traffic violation in Indiana have the right to plead not guilty and have their case heard in court. The offender must appear in person at the court listed on a motorist traffic citation within 14 days of receiving the citation and request a hearing. At the hearing, the defendant will have the opportunity to present evidence and witnesses to support a motorist case. If the judge finds enough evidence to convict the motorist, they will be found guilty and may be subject to fines or other penalties. If found not guilty, the charges will be dismissed.
What Happens if a Motorist Pleads No Contest to a Traffic Violation in Indiana?
When a motorist pleads no contest to a traffic violation in Indiana, they are essentially admitting that they committed the infraction. This plea can be beneficial because it often results in a lighter sentence than if the motorist had been found guilty by a judge or jury.
However, there are also some drawbacks to pleading no contest. For one, it still goes on their driving record and can increase their insurance rates. Additionally, if the offender is facing more severe charges, such as DUI, pleading no contest may not be in their best interest.
How Long Do Traffic Violations Stay on a Driving Record in Indiana?
In Indiana, traffic violations stay on a driving record for two years. If convicted of a traffic offense, the offense will remain on a motorist driving record for two years from conviction. After two years, the violation will no longer appear on a motorist record.
However, keep in mind that some traffic offenses can add points to a motorist's driving record. These points can remain on the record for up to five years. If the driver accumulates too many points within a certain period, they could face license suspension or revocation. So, even though the actual violation may only stay on a driving record for two years, the points associated with the offense could remain for much longer.
Can Traffic Violations Be Expunged or Sealed in Indiana?
Yes, traffic violations can be expunged or sealed in Indiana. The process is generally initiated by filing a petition with the court where the conviction occurred. Once the petition is filed, a hearing will be held to determine whether the record should be sealed or expunged.
Certain eligibility requirements must be met to have a traffic violation expunged or sealed in Indiana. For example, the petitioner must show that they have satisfactorily completed their sentence and that they have not been convicted of any other crimes. Additionally, the petitioner must demonstrate that they are not likely to commit future offenses and that sealing or expunging their record would be in the best interest of justice.
If the court grants the petition to seal or expunge a traffic violation, the record will be unavailable to the public. However, the record will still be accessible to law enforcement and other government agencies. Additionally, the individual may have to disclose the sealed or expunged record if they apply for certain jobs or licenses.
What Happens if You Miss a Court Date for a Traffic Violation in Indiana?
If an offender misses a court date for a traffic violation in Indiana, they face serious consequences. The court may issue a warrant for the motorist's arrest, and they may have to pay additional fines and fees. They may also have their driver's license suspended or revoked. In addition, their insurance rates may increase, and the offender may have difficulty renting a car or getting a job. If a motorist misses their court date, it is essential that they contact the court as soon as possible to reschedule.