Indiana Traffic Violations

Grasping Indiana's traffic laws is vital for fostering a safer driving environment. Staying informed about these regulations allows drivers to navigate the roads with confidence, sidestep legal issues, and contribute to a culture of safety that benefits everyone.

Violating traffic laws exposes individuals to risks such as license suspension or revocation and negatively impacts their driving records and insurance rates. Moreover, such violations pose a serious threat to other road users by increasing the likelihood of accidents and creating unsafe driving conditions.

Effective road safety relies on the collaboration between various government agencies in Indiana. The Indiana Bureau of Motor Vehicles (BMV) maintains driving records and documents traffic violations.

Meanwhile, the Indiana State Police (ISP) and local enforcement units enforce traffic laws by apprehending offenders, investigating accidents, and bringing violators to justice. Furthermore, Indiana courts oversee legal proceedings for traffic violations, determining penalties based on the severity of the offenses.

What Are the Major Traffic Violations in Indiana?

Indiana traffic laws govern the behavior of motorists and pedestrians, classifying violations into traffic felonies, misdemeanors, and infractions. Penalties range from fines and points on the driving record to imprisonment, with the severity depending on the specific violation and category.

Violations are further divided into moving and non-moving offenses. Moving violations, which occur while the vehicle is in operation, encompass speeding, reckless driving, and operating while intoxicated (OWI).

In contrast, non-moving violations occur when a vehicle is stationary or involves administrative issues related to vehicle operation. These offenses generally concern regulatory compliance rather than actual driving behavior. Examples include parking violations, expired vehicle registration, failure to display proper license plates, and driving without proof of insurance.

Driving with a Suspended or Revoked License

Under Indiana Code Section 9-24-19-3, the state enforces strict penalties for driving with a suspended or revoked license.

Suspensions or revocations commonly occur due to driving without insurance, driving while impaired, failing to pay child support, committing vehicular homicide, or accumulating 20 or more traffic points within 24 months. Offenders can face criminal charges, significant fines, and possible jail time.

Penalties for driving on a suspended or revoked license can range from a class A infraction with fines up to $10,000 for first offenses to class A misdemeanors with up to one year in jail and $5,000 fines for repeat offenses.

Serious violations leading to injury or death may be charged as level 5 or 6 felonies, with prison sentences of six months to six years and fines up to $10,000.

Reinstating a license requires paying fees: $250 for a first suspension, $500 for a second, and $1,000 for further offenses. Additional conditions may apply, such as settling child support.

Speeding

Indiana enforces two main types of speeding laws: the basic speeding law and absolute speed limits.

According to Indiana Code Section 9-21-5-1, the basic speeding law mandates that drivers must travel at speeds that are reasonable and prudent based on current conditions and potential hazards. For example, while 55 miles per hour (mph) may be safe on a clear, sunny day, it could be dangerous on a dark, icy road.

Absolute speed limits set specific maximum speeds that cannot be exceeded. Violating these limits is an automatic infraction. Indiana's absolute speed limits include:

  • 15 mph hour in alleys
  • 30 mph in urban districts
  • 25 mph in residential districts
  • 60 mph on most divided state highways with four or more lanes outside urban areas
  • 65 mph on highways managed by the Indiana Finance Authority
  • 70 mph on most interstate highways

Speeding is generally classified as a class C infraction, with fines typically ranging from $100 to $200, varying by locality. However, fines for speeding in construction zones are significantly higher. Contesting and winning a speeding ticket can result in avoiding fines and a conviction on the driver's record.

A speeding ticket usually adds two to eight demerit points to a motorist's driving record, and accumulating too many points can lead to a license suspension.

Reckless Driving

In Indiana, reckless driving is a significant criminal offense that can lead to jail time, fines, and license suspension. According to Indiana Code Section 9-21-8-52, reckless driving includes:

  • Driving at an unsafe speed
  • Obstructing traffic
  • Passing on a slope or curve with limited visibility
  • Passing a stopped school bus with an extended arm signal

Reckless driving offenses involving excessive speed, slow driving, or improper passing on slopes or curves are class C misdemeanors, punishable by up to 60 days in jail and fines up to $500.

Passing a stopped school bus is a class A misdemeanor, which can result in up to one year in jail, fines up to $5,000, and a license suspension of 90 days to one year for repeat offenders.

Reckless driving causing property damage is classified as a class B misdemeanor, potentially leading to a license suspension of up to one year. If reckless driving causes injury, it is classified as a class A misdemeanor, which can lead to a jail sentence of up to one year, fines reaching $5,000, and a license suspension lasting as long as one year.

Drivers charged with OWI can sometimes negotiate a plea to reckless driving, known as a "wet reckless," which includes a $200 alcohol and drug countermeasures fee in addition to the penalties for reckless driving.

Operating While Intoxicated

Under Indiana Code Section 9-30-5, OWI is a severe traffic offense. Indiana law prohibits driving with a blood alcohol concentration (BAC) of .08% or more, any amount of a Schedule I or II controlled substance, or while visibly impaired by drugs or alcohol.

These substances include opiates, hallucinogens, marijuana, cocaine, and methamphetamine. Additionally, a "zero tolerance" law prohibits drivers under 21 from operating a vehicle with a BAC of .02% or more.

First-time OWI offenders face up to 60 days in jail, fines of up to $500, and a license suspension of up to 60 days. If the BAC is .15% or more, penalties increase to up to one year in jail, fines up to $5,000, and a license suspension of up to one year. Offenders may also be required to install an ignition interlock device (IID).

A second OWI offense within seven years is classified as a felony, with penalties including up to three to five years in prison, fines up to $10,000, a license suspension of at least one year, and an IID requirement. Third-time offenders face even harsher penalties, including longer suspensions and mandatory IID installation.

Felony OWI offenses, such as those involving serious injury or death, carry longer jail terms and higher fines. Indiana's implied consent laws require drivers lawfully arrested for OWI to submit to a blood or breath test. Refusal results in a one-year license suspension for first-time offenders and two years for those with prior convictions.

Hit-and-Run

As per Indiana Code Section 9-26-1-1.1, hit-and-run violations are heavily penalized. Drivers involved in accidents must stop immediately, stay at the scene, provide required information, and assist if there are injuries. Failure to comply results in a class B misdemeanor, adding eight demerit points to the driver's record and potentially leading to a license suspension.

If the accident causes injury, the driver could face a class A misdemeanor, which may result in up to one year in jail and a $5,000 fine.

For accidents leading to serious injury or death, the charges may escalate to a Level 6 or Level 4 felony. These felonies carry penalties of up to 12 years in prison and fines of up to $10,000.

When intoxication or severe outcomes are involved, charges can rise to a Level 3 felony. This grave offense could lead to up to 16 years in prison, a $10,000 fine, and may permanently bar the offender from expunging the conviction.

How Does Indiana's BMV Point System Work?

Indiana BMV implements a driver's license points system that tracks moving violations over a ten-year period. Each violation contributes to the total points a driver accumulates, which in turn affects the penalties determined by the Indiana BMV. This system helps enforce safe driving practices by assessing the gravity of offenses.

For example, traveling more than 25 mph over the speed limit in a school zone or driving with a suspended license accumulates eight points. Reckless driving incurs six points. More severe violations, such as reckless driving causing injury or manslaughter, result in ten points.

Depending on the total points accumulated, these points can lead to serious consequences, such as increased fines or even suspension of driving privileges.

Drivers can obtain detailed information about violations and their point values by reaching out to the Indiana BMV or by reviewing the Huntington County government document.

Impact of Accumulating Points on a Driving Record

According to Indiana administrative rules, drivers in the state are limited to a maximum of 20 demerit points within a 24-month period, factoring in any credits earned from completing a driver's safety course.

If a driver accumulates 14 points, the BMV will issue a warning notice, indicating the risk of further penalties. Upon reaching 20 points, the BMV will send a suspension notice, and the duration of the suspension will vary based on the total number of points accrued.

In such situations, a license suspension is automatically applied, and an administrative court hearing becomes necessary, particularly if the infractions involve emergency vehicles or school buses. Additionally, the BMV may call for an administrative hearing if a driver accumulates three moving violations within 12 months.

Ways To Mitigate Points on a Driver's License

In Indiana, points accrued on a driver's license are valid for two years, while the actual conviction remains on the driver's record for ten years. This can affect a commercial driver's license and insurance premiums. Drivers have options to manage or reduce points through specific strategies.

Driver Safety Program (DSP)

The Driver Safety Program (DSP) allows drivers to remove four points from their licenses every three years. The program, approved by the BMV, includes a four-hour course with video content, reading materials, and open-book quizzes. Completing the DSP within 90 days is essential to avoid license suspension.

Traffic Infraction Deferral Programs

Traffic infraction deferral programs offer another way to prevent points from being added to a license, provided certain conditions are met. These typically involve applying for the program shortly after the infraction, paying a fine, and avoiding further violations.

Keep in mind that deferral programs cover specific types of infractions only, including minor speeding tickets, basic equipment issues, parking violations, or light-related offenses.

Eligibility for deferral programs varies by county and program specifics. For accurate information, drivers should consult their local jurisdiction.

In certain counties, such as Marion County, the prosecutor's office must be contacted to determine eligibility. Meanwhile, several counties, including Hendricks County, Fishers, Tippecanoe County, Hamilton County, and Johnson County, provide online details about their deferral programs.

What Is the Process for Handling Traffic Tickets in Indiana?

Addressing a traffic fine in Indiana involves navigating procedures for paying the fine, contesting the citation, or choosing defensive driving courses to manage the infraction effectively.

Settling the Fine

In Indiana, paying a traffic ticket may be viewed as an admission of guilt, potentially leading to points on the driver's record. Minor offenses can usually be settled by paying the ticket by the due date, but more serious infractions like reckless driving or driving under the influence often necessitate a court appearance.

Payment options vary by court, so checking local court rules is essential. This information can be accessed through the court's website or by direct contact.

Drivers can use the Public Access Online Ticket Payment Portal, managed by the Indiana Judiciary, to make remote payments for eligible traffic tickets. If a ticket is unavailable online, contacting the Traffic Violations Bureau or relevant traffic offices is necessary for guidance.

For in-person payments, individuals can visit the Court Clerk's Office or traffic division, where cash, cashier's checks, money orders, or credit/debit cards are accepted. Payments can also be mailed, including the citation number, a copy of the ticket, and the total fee, along with a self-addressed, stamped envelope for receipts.

Challenging the Ticket

Disputing a traffic ticket in Indiana can be advantageous, especially if the driver can demonstrate their innocence. As mentioned earlier, points from traffic violations remain on the driving record for at least two years, and excessive points can lead to license suspension. Therefore, challenging a ticket is often a wise choice.

To contest a ticket, the driver must appear at the courthouse where the citation was issued, as failing to do so is considered a guilty plea. Local traffic courts handle Indiana traffic cases, although some cases may be settled through negotiation between the prosecutor and the defendant.

In court, the driver should be well-prepared, gathering evidence and witness testimonies with an attorney's assistance. The prosecutor presents their case first, followed by the defendant's evidence and arguments. The judge then makes a decision.

If the outcome is unfavorable, the driver can appeal. Those without legal representation can find information about the appeal process on the Indiana BMV website. While contesting a ticket can be costly and time-consuming, it is a valid option for those who believe they have been wrongly cited.

Taking a Defensive Driving Course

In Indiana, drivers can enroll in a defensive driving course to dismiss a traffic ticket. This option may be part of a deferral and dismissal agreement or required by the court.

Additionally, drivers might be ordered to attend a traffic school course after receiving a violation. They can also choose to take such a course to remove four points from their license, a benefit available once every three years to all licensed Indiana drivers.

To be eligible, drivers must hold a valid license, have no outstanding offenses, and not possess a commercial driver's license. It is important to select a course approved by the Indiana BMV, with options available in person, by mail, or online. These courses not only fulfill legal obligations but also help improve driving skills.

How Are Accident Reports Handled in Indiana?

Indiana law mandates that drivers inform local police or other authorities of accidents involving injury, death, or property damage exceeding $1,000 to local police or other authorities. The reporting requirements exclude snowmobiles and off-road vehicles.

Upon arrival, police officers must conduct an investigation and file a written report per Indiana Code Section 9-26-2-2. This report should include the following:

  • Names and addresses of vehicle owners and operators
  • Vehicle descriptions and license numbers
  • The accident's time and place
  • The names and addresses of any injured or deceased individuals
  • Any witnesses, if applicable

Within ten days of the accident, drivers must also submit an Operator's Proof of Insurance/Crash Report (SR21 Form) signed by the insurance agent confirming insurance coverage at the time of the accident.

Failure to submit this report can result in license and registration suspension, misdemeanor charges, or felony charges if the accident caused severe injury or death. If the driver is unable to report, any vehicle occupant can do so. Witnesses may also be required to submit a report.

Accident reports are crucial for documenting injuries, assessing vehicle damage, preventing false claims, and providing essential evidence for legal proceedings.

Obtaining Police Accident Reports

To obtain a copy of a police accident report in Indiana, individuals can start by visiting the local police department where the accident occurred.

At the police headquarters, they will need to complete a request form and provide important details such as the case number, the name of the investigating officer, and the accident's date, location, and time.

Additionally, copies of accident reports collected by the Indiana State Police can be accessed and purchased through BuyCrash.com. Note that a ten-day waiting period is required before making a request. The fee is $12 for an online report and $5 for a paper copy.

What Should Drivers Know about Traffic-Related Arrests in Indiana?

When a serious violation is detected, law enforcement may arrest the driver following a traffic stop. Officers will decide whether to issue a citation or make an arrest based on the violation's severity and the driver's conduct.

If arrested, the driver is taken to a local jail for booking, where personal information and photographs are recorded. Depending on the offense, they may be released on bail or their own recognizance and must attend a court hearing to address the charges.

Individuals must be aware of and assert their rights during an arrest for traffic violations. These rights include:

  • Right to be informed of charges
  • Right to remain silent
  • Right to avoid unreasonable searches
  • Right to reasonable detention
  • Right to legal representation
  • Right to a fair hearing
  • Right to bail
  • Right to a reasonable bond

Key Considerations Post-Arrest for Traffic Violations

Following a traffic violation arrest in Indiana, drivers should stay composed and comply with police instructions. They should promptly seek guidance from a traffic attorney to understand the charges, bail terms, and court requirements.

Attending all scheduled court appearances and following judicial instructions is crucial. Additionally, drivers should check with the Indiana BMV to understand any potential impacts on their driving privileges.

For legal assistance, drivers can utilize the Indiana State Bar Association for attorney referrals or seek legal aid through the Indiana Public Defender Council if they qualify.