IMPORTANT - These documents are provided as an informational resource regarding the laws of Monroe County, Indiana. If you are accessing these documents from a place other than Monroe County, this information should be used only as the most general of references as the laws in your area may vary greatly from Monroe County.
As always, this reference is not meant as a substitute for advice given from a licensed attorney.
Traffic Violations: Table of Contents
Traffic Violations
State statutes and city and town ordinances provide traffic regulations for the State of Indiana. The manner in which these laws are enforced, however, varies from county to county. It is the intention of this document to provide an overview of the statutes, ordinances and regulations which define offenses which are infractions. This document will discuss how these infractions may affect you and will advise you concerning enforcement procedures of Monroe County, the City of Bloomington and Indiana University.
INFRACTIONS
Most traffic offenses are infractions. Although an infraction is an offense against the State, it is not a crime; it is a civil offense. If you admit to having committed the offense or if, after a trial, you are found to have committed the offense, you cannot be sentenced to spend any time in jail. Your punishment will consist of a judgment (varies depending on the offense) plus court costs of approximately $106.50. With the exception of suspension of half the court costs if the judge assigns an offender to the Bureau of Motor Vehicle's Defensive Driving Course, court costs cannot be suspended. In addition to entering a judgment against you, the court may, under certain circumstances, require you to complete the Defensive Driving Course, place you on probation for up to one year, or suspend your license for up to thirty (30) days. All determinations by the court are forwarded to the Bureau of Motor Vehicles and become part of your permanent driving record.
Many conservation offenses are infractions. Typical offenses include violations of fishing, boating and hunting regulations. If the offense is an infraction, it can be handled through the Violations Bureau.
MONROE COUNTY PROCEDURE
Most people who receive a ticket (formally called an Information and Summons) elect to admit the violation and pay the judgment and costs either in person or by mailing it to the Monroe County Violations Bureau. The Clerk will accept cash in person, or a certified check or money order made out to Clerk of Monroe County. Personal checks will not be accepted. If you elect to deny the commission of the offense, you must appear in room 201 at the Justice Building, located at the corner of 7th Street and College Avenue, on the date located on the bottom of your ticket. You can call the Clerk's office (349-2602) if you cannot appear on that date and need a continuance. When you appear, you will not be brought before a judge; rather, you will meet with a Deputy Prosecutor to discuss your case. That meeting is usually held each Thursday at 1:00 p.m. Under some circumstances, the Deputy Prosecutor may dismiss the charge against you, may enter a plea agreement with you reducing the charge, may offer you an opportunity to participate in Monroe County's Infraction Diversion Program or may agree to dismiss the charge on the condition that you receive no additional tickets during a specified time period. If, after discussing the case with the Deputy Prosecutor, you still wish to deny commission of the offense, you will be given a trial date.
CITY OF BLOOMINGTON OFFENSES AND PROCEDURE
If you receive a citation from the City of Bloomington, chances are it will be for a parking violation. Meter violations, exceeding the two-hour on-street parking limit, and parking in a residential neighborhood without a permit are the most common violations.
- For the first two types of violations, the fine is $15.00, escalating to $30.00 after 7 business days.
- The fine for parking in a residential neighborhood without a permit is $15.00, escalating to $30.00 after 7 business days.
Your payment can be mailed or put in the envelope provided and deposited in one of the payment boxes placed around town, or it can be brought to the Parking Enforcement at the Showers Center City Hall, 401 N. Morton Street. If the ticket is ignored, the registered owner of the vehicle will receive notice after thirty days. Then, if the ticket is still not paid, the matter will be litigated, adding court costs, currently $63.00, to the cost of the ticket if the City prevails at trial.
If you believe the ticket was improperly issued or if there are extenuating circumstances, you can take the ticket to the City Clerk's office at Showers Center City Hall. If she/he believes that your position has merit, the Clerk has the discretion and authority, either on her/his own or in consultation with the City Legal Department, to dismiss the ticket.
INDIANA UNIVERSITY PRACTICES AND PROCEDURES
Campus police issue tickets for moving violations in accordance with State of Indiana procedures. Those tickets can be taken care of through the Violations Bureau at the Monroe County Clerk's Office at the Justice building. Campus police also issue tickets for campus parking violations. Campus parking violations are violations of university regulations and are not infractions. The most common violations are parking along a yellow line or in an area without the proper decal.
- The fine for these and most violations is $40.00 if you are simply parking there with an improper sticker.
- If you are parking improperly without any sticker, the fine is $40.00.
- Meter violations are $25.00.
- The fine for unlawfully parking in an area reserved for vehicles with handicapped permits is $100.00. I.U. Parking Operations honors all state handicapped stickers.
Parking tickets are issued on envelopes which can be used to pay the fine. The envelopes can be sent through campus mail or may be stamped and mailed.
If you believe a parking ticket has been improperly issued, you can contact the Parking Operations Division in Franklin Hall 006, (855-4615). Most questions can be answered over the phone, or if you wish to informally discuss your particular situation, you should take your ticket to the office. Division personnel have the authority to dismiss the ticket if you can convince them it was improperly issued. In addition, there are formal appeals procedures you may wish to take advantage of. The Parking Operations officer will give you a form to fill out and, after consideration, you will be notified by the appeals board whether the ticket has been excused or the appeal denied. If your initial appeal is denied, you are entitled to appeal the denial. The Parking Operations officer will advise you concerning the procedure for your second appeal.
Finally, if you fail to take care of the ticket, the fine will appear as a past due debt on your next Bursar's Statement, and you will not be permitted to register for classes until the fine has been paid.
TRAFFIC VIOLATIONS BUREAU
If you receive a ticket and if you decide not to challenge it, you may get it taken care of without having to appear at the Justice Building or in court. At the bottom of your ticket, there is a place that says: date to appear. That means you must appear in room 201 of the Justice Building on the date the officer wrote on the ticket IF you have not paid the fine and costs attributable to the offense by that date.
The court having jurisdiction over traffic offenses has published a fine schedule and has authorized the establishment of a Traffic Violations Bureau in the Clerk's office. Payment through the Bureau is available only for infraction violations of State statutes, not misdemeanors. Usually, the police officer who issues the ticket will tell you the amount of the fine and court costs. If he or she fails to do so, you can call the Clerk's office and the Violations Clerk will tell you. You then sign the back of your ticket and either appear in person at the Clerk's office or pay by mail. If you elect to appear in person, you can pay the fine and costs in cash or by money order or certified check made out the Clerk of Monroe County. If you choose to send the signed ticket through the mail to the Clerk's office, the ticket must be accompanied by a money order or certified check. The Clerk will not accept a personal check. Court costs for infractions are currently $63.50. The fines and costs for typical offenses on the current schedule include:
Speeding Tickets
Miles Over | Fine |
1-15 | $1.00 each mph over plus costs of $106.50 |
16-20 | $2.00 each mph over plus costs of $106.50 |
21-25 | $3.00 each mph over plus costs of $106.50 |
over 25 | $5.00 each mph over plus costs of $106.50 |
Other offenses
Offense | Fine |
Unsafe start | $113.50 |
Disregard stop sign or automatic signal | $113.50 |
Driving left of center or wrong way on one way | $113.50 |
Pedestrian or bicycle violations | $113.50 |
Violation of learner permit | $113.50 |
Seat belt violation | $25.00 |
No registration and/or plates | $113.50 |
No operator's license | $113.50 |
Show proof of plates or license being valid when stopped | No charge |
RIGHTS
Even though traffic offenses, as a rule, are not crimes, you still have certain rights. The catch is that neither the officer who issues the ticket nor the court has to inform you of these rights unless the ticket you received is for a misdemeanor offense. Because infractions are governed by the Rules of Civil Procedure, it is your responsibility to find out what those rights are. Those rights include the right to engage counsel, have witnesses subpoenaed, and testify or not testify. You also have the right to seek discovery; that is, to find out whom the State intends to call as witnesses and what documents it intends to introduce. You have the right to a jury trial but must request one in writing within ten (10) days after you enter your denial.
TRIAL
If you disagree with the officer who issued the ticket or if there were extenuating circumstances, you should deny committing the offense and request a trial. In Monroe County, the procedure is an informal one. You do not have to enter your "not guilty" or "denial" plea before a judge. There are several ways to arrange a trial: you can informally request a trial when you meet with the Deputy Prosecutor on your "appearance date"; you can call the Clerk's office, enter a denial over the phone and ask for a trial date; or you can write to the Clerk, indicating that you deny committing the offense and request a trial.
If you deny having committed the offense and do not request a jury trial, you will have a "bench" trial; that is, your trial will be in front of a judge. While you certainly may retain an attorney to represent you, you may represent yourself if you wish. These trials are open to the public, so if your case is set for trial or if you want to see what a bench trial is like before you decide whether to go to trial, you should visit the courtroom. Call the Clerk's office to find out the next bench trial date for traffic offenses.
To prepare for trial, write out your story simply and chronologically. You must have all your exhibits and evidence with you. All of you witnesses must be present. In order to ensure their presence, you may want to have them subpoenaed. Ask the Clerk how to arrange to have subpoenas served well in advance of the trial date. Show your respect for the court and the judicial system by dressing neatly: no jeans or tee-shirts.
After hearing your side of the story, the judge might agree with you and dismiss the ticket or, if there were extenuating circumstances, might take the matter under advisement, agreeing to withhold judgment and dismiss the charge if you receive no further tickets within a specified time period. You will not be penalized for exercising your constitutional right to have a trial.
FAILURE TO APPEAR/FAILURE TO PAY
While the law gives the State the right to issue a warrant for the arrest of a traffic offender for failure to pay the fine and costs or show up on the date indicated on the ticket, that usually is not done in Monroe County. If you fail to appear and the fine and costs have not been paid, the Clerk's office will send you a letter noting your failure to appear and giving you and additional thirty (30) days within which to pay or call the Clerk's office to request a bench trial. If you fail to respond to that letter, your failure to appear will be certified to the Bureau of Motor Vehicles. The Bureau will then suspend your license to drive. In order to get your license back, you will have to appear in the Clerk's office and pay the fine and costs for your original ticket. Then, the Clerk will prepare the proper documents so that you can get your license back from the Bureau.
POINTS
You are assessed points on your driving record for each moving violation committed. Most infractions carry two (2) to six (6) points. Here are listed a few of the more common violations:
Violation | Points |
1-15 mph in excess of limit | 2 |
16-25 mph in excess of limit | 4 |
Over 25 mph in excess of limit | 6 |
Driving left side of road when not permitted | 6 |
Improper passing | 4 |
Wrong way on one-way road | 4 |
Failure to use signal | 2 |
No head or tail lights | 2 |
Failure to yield right of way | 4 |
A driver under eighteen years of age may not accumulate more that ten (10) points and a driver over eighteen may not accumulate more than twelve (12) points over a two-year period. If you do amass that may points, the Bureau will probably direct you to complete the Defensive Driving Course program. When you have completed the course, the Bureau will deduct four (4) points from your point total. If, after completing the course, you again reach the point limit, you will receive a letter from the Bureau placing you on probation for six (6) months or directing you to appear for an administrative hearing. Your period of probation may then be extended or, depending upon the circumstances, your license may be suspended. If you receive notice that you are being placed on probation, you may immediately request a hearing if you believe the Bureau is mistaken with regard to your driving record. While points become inactive, for the purposes of probation or suspension, two years after you receive them, they remain part of the driving record for a period of ten (10) years. This is important when considering the penalties for being a habitual traffic offender.
DEFENSIVE DRIVING SCHOOL
If you have accumulated too many points on your driving record and your license is in jeopardy, you may attend a Defensive Driving Course and earn four (4) points as a credit against your accumulated points. You may complete the course and earn four points once every three years. There is a fee, currently $39.95, for the program, payable at the first meeting. The course meets, usually at Bloomington High School South, Binford Middle School or Howard Johnson's, for a total of eight hours during evenings or on Saturdays during two successive weeks. You may volunteer to attend in order to earn points, the Bureau of Motor Vehicles may direct you to attend if you have had at least two (2) moving violations within a twelve-month period, or a court may order you to attend as part of a sentence for the commission of a traffic offense. If a judge orders you to attend the Defensive Driving Course, he or she is permitted to suspend up to half the court costs; you then can use the suspended portion to pay for the course. If you have accumulated a lot of points and get yet another traffic ticket, you may wish to appear before the court and ask the judge to assign you to the program (before the Bureau directs you to attend), thus saving half the court costs which will be assessed for the ticket.
HABITUAL TRAFFIC OFFENDER
An individual who accumulates a specific number of traffic convictions or judgments within a ten (10) year period is subject to up to a ten (10) year suspension of driving privileges:
- Ten years suspension for two convictions for violations which result in death or failure to stop at an accident involving death or personal injury;
- Ten years suspension for three convictions for serious violations, including alcohol related offenses, driving without ever having obtained a license or with a suspended license, reckless driving or criminal recklessness, leaving the scene of an accident or failure to file a report when required, and drag racing;
- Five years suspension for ten convictions, one of which must be for a serious violation. Non-Indiana traffic convictions, one of which must be for a serious violation. Non-Indiana traffic convictions are not considered in ascertaining habitual traffic offender status.
Notice of the Bureau's intention to suspend driving privileges is mailed to the offender. Notice need only be sent to the address the Bureau has on file, so it is very important to keep the Bureau apprised of a current address. The driver then has thirty (30) days to request either an administrative or judicial hearing before the suspension is ordered. Finally, it may be possible, in some instances, to petition for restoration of driving privileges before the end of the suspension period.
NON-RESIDENTS' RIGHTS AND HOW INDIANA RESIDENTS ARE AFFECTED BY OUT-OF-STATE TICKETS
If you are not a resident of Indiana and are stopped for an infraction and are not immediately taken to court, you may, at the discretion of the officer, be released upon the deposit of a security. The security shall be the amount of the judgment and costs for the violation in the form of cash, a money order, or traveller's check made out to the Clerk of Monroe County. Then, if you do not appear, a default judgment is taken against you and your security is forfeited. Most officers will not require security if you are able to show that you are a student at Indiana University even though you are driving on an out-of-state license.
Out-of-state judgments for moving violations for which Indiana has a corresponding violation may be assessed, along with corresponding points, against the Indiana driver's record. More than half the states are members of a Driver License Compact and will forward to each other conviction or judgments entered in their respective states. For instance, if you live in Illinois and get a ticket in Indiana, an admission on your part or a judicial determination that you committed a violation will be forwarded to Illinois by the Indiana Bureau of Motor Vehicles. The Indiana finding may be used in actions subsequently brought against you in Illinois. (Kentucky, New York and Michigan are also amongst the states in the Compact.)
Finally, if you have an out-of-state license and commit an offense in Indiana which would subject an Indiana driver to loss of his or her license, you may be ordered not to drive on Indiana roads.
MOTORCYCLES
You must have a special driver's license before you can operate a motorcycle. The motorcyclist must obey all traffic laws governing other vehicles. In addition, the following special provisions apply:
- A two-wheel motorcycle can carry only two persons, including the driver, and each must be riding upon a firmly attached seat.
- No packages or bundles may be carried which interfere with the driver keeping both hands on the handlebars.
- Headlamps shall be illuminated at all times when a motorcycle is in operation.
- Drivers from age 16 to 18 must wear protective headgear.
While, at this time, Indiana does not require motorcyclists to wear helmets, it is strongly recommended that all motorcyclists wear protective headgear.
BICYCLES
Automobiles and bicycles have equal rights upon Indiana roadways. Bicyclists must observe all traffic rules applicable to the driver of a vehicle, including usage of the right lane of the highway in travel stopping and proceeding in accord with traffic signals, and the usage of prescribed manual signs for the guidance of other traffic. The penalties which may be imposed for violations of these offenses are the same as if the bicyclist were driving a car, including, where applicable, the possible loss of a driver's license.
In addition, there are statutes specifically governing bicyclists. Be aware:
- There must be a seat for every person riding a bicycle or carrying another person on the bicycle.
- Bicyclists may ride two abreast, but not more than two abreast, on the roadway.
- No bicyclist may carry any package or bundle which prevents the rider from keeping both hands on the handlebars.
- A bicyclist may not use a siren or whistle, but must have a bell or other device attached to the bicycle capable of being heard for one hundered (100) feet.
- Bicycles must be equipped with a white light on the front and a red light or reflector on the back for use from one-halr hour after sunset to one-half hour before sunrise.
Finally, although there is no statute requiring that a bicyclist wear protective headgear, it is strongly advised that each bicyclist wear an approved helmet.
MISDEMEANOR TRAFFIC OFFENSES
The more serious traffic offenses are misdemeanors, not infractions. Misdemeanor traffic offenses are crimes and are governed by the Rules of Criminal Procedure. Operating a motor vehicle while under the influence of alcohol, leaving the scene of an accident, engaging in a speed contest, driving while you license is suspended, and use of a motor vehicle to commit criminal recklessness, criminal mischief or obstruction of traffic are typical of the midemeanors most frequently charged. Please note that driving a vehicle which is not insured is a misdemeanor. The penalty for a misdemeanor traffic offense is a fine, plus court costs of approximately $104.00 and the possibility of the imposition of jail time. In addition, points are assessed against the driver's record and the driver's license is frequently suspended.
You cannot take care of misdemeanor offenses through the Violations Bureau; you MUST appear in court on the date and at the time the police officer specifies on your ticket (Information and Summons). Failure to appear will result in a warrant being issued for your arrest. You should consult an attorney before entering a plea on a misdemeanor charge. Although Student Legal Services cannot represent you in a criminal proceeding, the office will give you advice and can refer you to a private attorney. SLS also can provide you with a copy of its pamphlet, "You and the Criminal Law" (also available on this Web site) for information concerning criminal procedures.
Welcome to the Indiana University Student Legal Services homepage. Student Legal Services is a non-profit law office that has been serving IU Bloomington students since 1971. We are conveniently located on campus at 703 East Seventh Street and serve the IU student body by offering legal advice and representation. Please take a few moments to familiarize yourself with our services. If you are a currently registered IU Bloomington student and need assistance with a legal matter, help is as close as a visit to our office.
