CHAPTER 3. COURT PROCEDURES
IC 9-30-3
Chapter 3. Court Procedures
IC 9-30-3-1
Purpose
Sec. 1. This chapter governs the procedure in courts with original
jurisdiction to hear and determine cases involving traffic offenses.
This chapter is intended to provide for the just determination of these
cases and to that effect shall be construed to secure simplicity and
uniformity in procedure, fairness in administration, and the
elimination of unjustifiable expense and delay.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-2
Court
Sec. 2. As used in this chapter, "court" means a tribunal with
jurisdiction to hear and determine traffic violation cases and the
judge or other presiding officer sitting as a court.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-2.5
Electronic traffic ticket
Sec. 2.5. (a) As used in this chapter, "electronic traffic ticket"
means:
(1) a traffic information and summons; or
(2) a complaint and summons;
for traffic cases that is in an electronic format prescribed by the
division of state court administration.
(b) An electronic traffic ticket may be referred to as an
"e-citation".
As added by P.L.184-2007, SEC.56; P.L.206-2007, SEC.4.
IC 9-30-3-3
Judge
Sec. 3. As used in this chapter, "judge" means an officer
authorized by law to sit as a court.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-4
Nonmoving traffic offense
Sec. 4. As used in this chapter, "nonmoving traffic offense" means
a violation of a statute, an ordinance, or a regulation concerning the
following:
(1) The parking or standing of motor vehicles.
(2) Motor vehicles that are not in motion.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-5
Traffic offense
Sec. 5. As used in this chapter, "traffic offense" means a violation
of a statute, an ordinance, or a regulation relating to the operation or
use of motor vehicles and any violation of a statute, an ordinance, or
a regulation relating to the use of streets and highways by pedestrians
or by the operation of any other vehicle.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-5.3
Contents of electronic traffic ticket; modification
Sec. 5.3. In prescribing the contents of an electronic traffic ticket,
the division of state court administration shall require the inclusion
in an electronic traffic ticket of the contents required in an
information and summons under section 6 of this chapter. The
division of state court administration may modify the prescribed
contents of an electronic traffic ticket as necessary for the ticket to
be in an electronic format.
As added by P.L.184-2007, SEC.57; P.L.206-2007, SEC.5.
IC 9-30-3-5.7
Electronic traffic ticket; issuance; signatures; electronic
transmission
Sec. 5.7. (a) When a law enforcement officer issues an electronic
traffic ticket, the law enforcement officer:
(1) may print the electronic traffic ticket at the site of the traffic
violation; and
(2) shall inform the individual to whom the electronic traffic
ticket has been issued and note on the electronic traffic ticket
whether the individual must appear in court on a specific date
at a specific time.
(b) An electronic traffic ticket issued under this chapter that bears
a printed or digital signature of:
(1) the law enforcement officer who issued the electronic traffic
ticket; and
(2) the prosecuting attorney, or a representative of the office of
the prosecuting attorney, of the county in which the electronic
traffic ticket was issued;
is admissible in a court proceeding as if the signatures referred to in
subdivisions (1) and (2) were original signatures.
(c) A law enforcement officer who issues an electronic traffic
ticket may transmit the electronic traffic ticket to the court
electronically if the court and the electronic traffic ticket are in
compliance with the administrative rules adopted by the supreme
court.
(d) A law enforcement officer who issues an electronic traffic
ticket shall indicate on the electronic traffic ticket whether the law
enforcement officer served the person receiving the electronic traffic
ticket.
(e) The electronic transmission of an electronic traffic ticket shall
be considered by the court as an original certified copy of the traffic
information and summons or complaint and summons. An electronic
traffic ticket may be used:
(1) to notify the bureau of an Indiana resident who fails to:
(A) appear; or
(B) answer a traffic information and summons or complaint
and summons;
(2) to notify the bureau of a defendant who is not an Indiana
resident and who fails to:
(A) appear; or
(B) answer a traffic information and summons;
(3) to notify the bureau upon a final determination of a
defendant's failure to appear; or
(4) as a record of a traffic case that an individual has been
charged with a traffic offense when:
(A) the individual has been convicted;
(B) a judgment has been entered; or
(C) a finding has been made by a court.
As added by P.L.184-2007, SEC.58; P.L.206-2007, SEC.6.
IC 9-30-3-6
Information and summons; form and content; inapplicability to
electronic traffic ticket
Sec. 6. (a) This section does not apply to electronic traffic tickets.
(b) In traffic cases, the information and summons shall be in
substantially the following form:
In the _________ Court of __________ County
Cause No. _________ Docket No. ___________
Page No. _____
State of Indiana
SS: No.___________
County of _______________________________
INFORMATION AND SUMMONS
The undersigned having probable cause to believe and being duly sworn upon his oath says that:
On the ____________ Day of __________, 20 ____ at ____ M
Name ____________________________________________
Last First Middle
Street __________________________________________________
City ______________________ State _____ Zip Code ______
Race ___ Sex ___ Age ___ D.O.B. ______ HT ____ WT _____
Oper. Lic. #_____________ St. ____ Did Unlawfully
Operate Veh. Color _______ Veh. Yr.___ Veh. Make ______
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # ______
Upon, (Location) _________________________________________
_______________________________________________________
A PUBLIC STREET OR HIGHWAY IN ______________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
_______________________________________________________
_______________________________________________________
CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE AND PROVIDED. OFFICER'S SIGNATURE _________________________________
I.D. No. ______________ Div. Dist. __________________________
POLICE AGENCY _______________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) ______________________________________
This ____________ Day of _________________, 20 ____
COURT APPEARANCE
I PROMISE TO APPEAR IN COURTROOM
__________________________________________________
ADDRESS: ______________________________
ON ______________ THE ________ DAY OF_________, 20 ___ AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE __________________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT"
The information and summons shall consist of four (4) parts:
(1) the original copy, printed on white paper, which shall be the abstract of court record for the Indiana bureau of motor vehicles;
(2) the court copy, printed on white paper;
(3) the police record, which shall be a copy of the information, printed on pink paper; and
(4) the summons copy, printed on white stock.
The reverse sides of the information and abstract of court record shall be substantially as follows, with such additions or deletions as are necessary to adapt the form to the court involved:
RECEIPT #_______________
DATE ___________________
COURT ACTION AND OTHER ORDERS
BAIL $ ___________
REARREST BOND $ _____________ DATE ___________
1. CONTINUANCE TO ___ 4. CONTINUANCE TO ____
2. CONTINUANCE TO ___ 5. CONTINUANCE TO ____
3. CONTINUANCE TO ___ 6. CONTINUANCE TO ____
Motions Date Ruling Date
1. ___ ___ ___ ___
2. ___ ___ ___ ___
3. ___ ___ ___ ___
4. ___ ___ ___ ___
PLEA ( ) GUILTY
( ) NOT GUILTY
FINDING ( ) GUILTY
( ) NOT GUILTY
THE COURT THEREFORE, ENTERS
THE FOLLOWING ORDER
FINE $ _________
AMOUNT SUSP. $ _________
(STATE) $ _____________
COSTS
(CITY) $ ______________
___________ DAYS IN _____________ DAYS SUSP. _________
( ) RECOMMENDED LICENSE SUSPENDED FOR _______ ( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR PROBATION
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
JUDGE: ______________________________________________
DATE: ______________________________________________
ATTORNEY FOR DEFENDANT _________________
ADDRESS________________________ TELEPHONE _________
WITNESSES
_________________________________________________
_________________________________________________
The notice, the appearance, the plea of either guilty or not guilty, and the waiver shall be printed on the summons. The trimmed size of the paper and stock on which the form is printed shall be nominally four and one quarter (4 1/4) inches by eight and one quarter (8 1/4) inches.
(c) In civil traffic cases, the complaint and summons shall be in substantially the following form:
In the ____________________ Court of _______________ County
Cause No. ______________ Docket No. ________________
Page No.__________________________
State of Indiana
SS: No._____________
County of ______________________________________
COMPLAINT AND SUMMONS
The undersigned having probable cause to believe and being duly sworn upon his oath says that:
On the ____________ Day of___________, 20 ____ at __ M
Name _________________________________________________
Last First Middle
Street _____________________________________
City ________________________ State _____ Zip Code ________
Race ___ Sex ___ Age __ D.O.B. ________ HT ____ WT ___
Oper. Lic. # ____________ St. ______________ Did Unlawfully
Operate Veh. Color _______ Veh. Yr. ___ Veh. Make _________
Veh. Lic. Yr. ____ Veh. Lic. St. ____ Veh. Lic. # _________
Upon, (Location) _____________________________________
______________________________________________________
A PUBLIC STREET OR HIGHWAY IN ____________________
COUNTY, INDIANA, AND COMMIT, THE OFFENSE OF:
__________________________________________________
__________________________________________________
__________________________________________________
CONTRARY TO THE FORM OF THE ( ) STATE STATUTE
( ) LOCAL ORDINANCE IN SUCH CASE MADE AND PROVIDED.
OFFICER'S SIGNATURE ___________________________
I.D. No. _____________ Div. Dist. _______________________ POLICE AGENCY _________________________________
Subscribed And Sworn to Before Me
(Deputy Clerk) __________________________________________
This ____________ Day of ______________, 20___
COURT APPEARANCE
I PROMISE TO APPEAR IN ________________________
COURTROOM ___________________________________
ADDRESS: ______________________________________
ON ____________ THE ________ DAY OF ____, 20 ___
AT __ M. OR BE SUBJECT TO ARREST.
SIGNATURE _____________________________________
"YOUR SIGNATURE IS NOT AN ADMISSION OF A VIOLATION"
The complaint and summons shall consist of four (4) parts:
(1) the original copy, printed on white paper, which shall be the abstract of court record for the Indiana bureau of motor vehicles;
(2) the court copy, printed on white paper;
(3) the police record, which shall be a copy of the complaint, printed on pink paper; and
(4) the summons copy, printed on white stock.
The reverse sides of the complaint and abstract of court record shall be substantially as follows, with such additions or deletions as are necessary to adapt the form to the court involved:
RECEIPT #_________
DATE ________________
COURT ACTION AND OTHER ORDERS
BAIL $ _______________
REARREST BOND $ _________ DATE _______
1. CONTINUANCE TO ______ 4. CONTINUANCE TO ______
2. CONTINUANCE TO ______ 5. CONTINUANCE TO ______
3. CONTINUANCE TO ______ 6. CONTINUANCE TO ______
Motions Date Ruling Date
1. ___ ___ ___ ___
2. ___ ___ ___ ___
3. ___ ___ ___ ___
4. ___ ___ ___ ___
PLEA ( ) ADMIT
( ) DENY
( ) NOLO CONTENDERE
FINDING ( ) JUDGMENT FOR PLAINTIFF
( ) JUDGMENT FOR DEFENDANT
THE COURT THEREFORE, ENTERS
THE FOLLOWING ORDER
FINE $ ________
AMOUNT SUSP. $ ________
(STATE) $ __________
COSTS
(CITY) $ ___________
( ) RECOMMENDED LICENSE SUSPENDED FOR ________
( ) PROBATIONARY LICENSE AUTHORIZED FOR ONE YEAR
PROBATION
______________________________________________
______________________________________________
______________________________________________
______________________________________________
_______________________________________________
JUDGE: _________________________________________
DATE: __________________________________________
ATTORNEY FOR DEFENDANT ____________________
ADDRESS ___________________ TELEPHONE __________
WITNESSES
_______________________________________________
_______________________________________________
The notice, appearance, plea of either admission, denial, or nolo contendere shall be printed on the summons. The trimmed size of the paper and stock on which the form is printed shall be nominally four and one quarter (4 1/4) inches by eight and one quarter (8 1/4) inches.
(d) The complaint form shall be used in traffic cases, whether the charge is made by a law enforcement officer or by any other person.
(e) Each judicial officer or police authority issuing traffic complaints and summons:
(1) is responsible for the disposition of all the traffic complaints and summons issued under the authority of the officer or authority; and
(2) shall prepare and submit the records and reports relating to the traffic complaints in the manner and at the time prescribed by both the state examiner of the state board of accounts and the bureau.
As added by P.L.2-1991, SEC.18. Amended by P.L.93-1991, SEC.2; P.L.1-2001, SEC.8; P.L.184-2007, SEC.59; P.L.206-2007, SEC.7.
IC 9-30-3-7
Soliciting or aiding in disposition of traffic information or
summons; contempt
Sec. 7. A person who solicits or aids in the disposition or
attempted disposition of a traffic information or summons in any
unauthorized manner is in criminal contempt of the court having
original jurisdiction of the cause of action or of the court named on
the particular information in question.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-8
Failure to appear or answer; issuance of warrant; failure to
execute; notification of bureau; suspension of driving privileges;
nonresidents
Sec. 8. (a) The court may issue a warrant for the arrest of a
defendant who is an Indiana resident and who fails to appear or
answer a traffic information and summons or a complaint and
summons served upon the defendant. If the warrant is not executed
within thirty (30) days after issue, the court shall promptly forward
the court copy of the traffic information and summons or complaint
and summons to the bureau indicating that the defendant failed to
appear in court as ordered. The court shall then mark the case as
failure to appear on the court's records.
(b) If a defendant who is not an Indiana resident fails to appear or
answer a traffic summons served upon the defendant and upon which
the information or complaint has been filed thirty (30) days after the
return date of the information and summons or complaint and
summons, the court shall promptly forward the court copy of the
traffic information and summons or complaint and summons to the
bureau. The bureau shall notify the motor vehicle commission of the
state of the nonresident defendant of the defendant's failure to appear
and also of any action taken by the bureau relative to the Indiana
driving privileges of the defendant. If the defendant fails to appear
or otherwise answer within thirty (30) days, the court shall mark the
case as failure to appear on the court's records.
(c) If the bureau receives a copy of the traffic information and
summons or complaint and summons for failure to appear in court
either on a form prescribed by the bureau or in an electronic format
prescribed by the division of state court administration, the bureau
shall suspend the driving privileges of the defendant until the
defendant appears in court and the case has been disposed of. The
order of suspension may be served upon the defendant by mailing the
order by first class mail to the defendant at the last address shown for
the defendant in the records of the bureau. The order takes effect on
the date the order is mailed.
(d) For nonresidents of Indiana, the order of suspension shall be
mailed to the defendant at the address given to the arresting officer
by the defendant as shown by the traffic information or complaint.
The order takes effect on the date of mailing. A copy of the order
shall also be sent to the motor vehicle bureau of the state of the
nonresident defendant. If:
(1) the defendant's failure to appear in court has been certified
to the bureau under this chapter; and
(2) the defendant subsequently appears in court to answer the
charges against the defendant;
the court shall proceed to hear and determine the case in the same
manner as other cases pending in the court. Upon final determination
of the case, the court shall notify the bureau of the determination
either in an electronic format or upon forms prescribed by the
bureau. The notification shall be made by the court within ten (10)
days after the final determination of the case, and information from
the original copy of the traffic information and summons or
complaint and summons must accompany the notification.
As added by P.L.2-1991, SEC.18. Amended by P.L.184-2007,
SEC.60; P.L.206-2007, SEC.8.
IC 9-30-3-9
Traffic cases; court session; detainment of defendant; objections
Sec. 9. (a) If possible, traffic cases shall be tried separate and
apart from other cases and may be designated as the "traffic" session
or division.
(b) When a hearing involving a misdemeanor is adjourned, the
court may detain the defendant in safe custody until the defendant is
admitted to bail.
(c) An objection to the validity or regularity of the information or
process issued must be made by the defendant before trial.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-10
Sentencing; appearance required
Sec. 10. The defendant shall be present at the imposition of
sentence in all misdemeanor traffic cases.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-11
Plea of guilty; informing defendant of rights; record of
proceedings; destruction of documents; liability of court officers
Sec. 11. (a) Before accepting a plea of guilty to a misdemeanor
traffic offense, the court shall inform the defendant of the defendant's
rights, including the right to:
(1) engage counsel;
(2) a reasonable continuance to engage counsel to subpoena
witnesses;
(3) have process issued by the court, without expense to the
defendant, to compel the attendance of witnesses in the
defendant's behalf;
(4) testify or not to testify in the defendant's own behalf;
(5) a trial by jury; and
(6) appeal.
(b) The court shall inform each defendant charged with a traffic
offense other than a nonmoving traffic offense, if the defendant is
convicted or judgment is entered against the defendant, that a record
of the conviction or judgment will be sent to the bureau or the motor
vehicle bureau of the state where the defendant received a license to
drive to become a part of the defendant's driving record.
(c) The court shall keep a full record of every case in which a
person is charged with a traffic offense other than a nonmoving
traffic offense. Within ten (10) days after the conviction, judgment,
or forfeiture of security deposit of a person, the court shall forward
a copy of the judgment in an electronic format or an abstract as
prescribed by IC 9-25-6-8. The abstract comprises the original copy
of the traffic information and summons or complaint and summons
if the conviction, judgment, or forfeiture of security deposit has been
entered on that copy. However, instead of the original copy, the court
may, subject to the approval of the bureau, send the information in
an electronic format or in the form of a chemical based, magnetic, or
machine readable media. Records of nonmoving traffic offenses are
not required to be forwarded to the bureau.
(d) One (1) year after the abstract has been forwarded, the court
may destroy the remaining court copies of the information and
summons or complaint and summons and related pleadings if an
order book entry of the copy has been made and the original copy has
been sent to the bureau of motor vehicles.
(e) Upon the failure of a court officer to comply with subsection
(c), the officer is liable on the officer's official bond for a civil
penalty of one hundred dollars ($100) accruing to the state, which
may be recovered, together with the costs of the suit, in a civil action
brought by the attorney general in the name of the state on relation
of the attorney general. Each failure by an officer constitutes a
separate cause of action.
As added by P.L.2-1991, SEC.18. Amended by P.L.184-2007,
SEC.61; P.L.206-2007, SEC.9.
IC 9-30-3-12
Defensive driving school program; persons required to attend;
fees; suspension of license; suspension of court costs
Sec. 12. (a) If during any twelve (12) month period a person has
committed moving traffic violations for which the person has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the
person; or
(3) been convicted of at least one (1) traffic misdemeanor and
has had at least one (1) traffic judgment entered against the
person;
the bureau may require the person to attend and satisfactorily
complete a defensive driving school program. The person shall pay
all applicable fees required by the bureau.
(b) This subsection applies to an individual who holds a
probationary license under IC 9-24-11-3 or IC 9-24-11-3.3 or is less
than eighteen (18) years of age. An individual is required to attend
and satisfactorily complete a defensive driving school program if
either of the following occurs at least twice or if both of the
following have occurred when the individual was less than eighteen
(18) years of age:
(1) The individual has been convicted of a moving traffic
offense (as defined in section 14(a) of this chapter), other than
an offense that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving license of any person
who:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving school
program;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend
one-half (1/2) of each applicable court cost (including fees) for
which a person is liable due to a traffic violation if the person enrolls
in and completes a defensive driving school or a similar school
conducted by an agency of the state or local government.
As added by P.L.2-1991, SEC.18. Amended by P.L.225-1999, SEC.4;
P.L.98-2004, SEC.78; P.L.101-2009, SEC.13; P.L.106-2010, SEC.4.
IC 9-30-3-13
Rules for conduct of proceedings
Sec. 13. A judge may make rules for the orderly conduct of the
proceedings of the judge's court if the rules are consistent with this
chapter and the rules of the supreme court.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-14
Moving traffic offense committed by person other than the owner;
notice to owner; contents
Sec. 14. (a) As used in this section, "moving traffic offense"
means a violation of a statute, an ordinance, or a rule relating to the
operation or use of motor vehicles while the motor vehicle is in
motion.
(b) If a court convicts a person for a moving traffic offense and
the person is known or believed by the court not to be the owner of
the motor vehicle, the court shall, within seven (7) days after entering
the conviction, deposit with the United States Postal Service, first
class postage prepaid, notice addressed to the owner of the motor
vehicle giving the owner the following information:
(1) The name and address of the person convicted.
(2) The name and address of the owner of the motor vehicle.
(3) The offense upon which the conviction was made.
(4) The date of arrest of the person convicted and the location
of the place of the offense.
(5) The license plate number of the motor vehicle.
(6) The operator's or chauffeur's license number of the person
convicted.
(7) The date of the conviction and the name of the court making
the conviction.
As added by P.L.2-1991, SEC.18.
IC 9-30-3-15
Proof of prior conviction; evidence
Sec. 15. In a proceeding, prosecution, or hearing where the
prosecuting attorney must prove that the defendant had a prior
conviction for an offense under this title, the relevant portions of a
certified computer printout or electronic copy as set forth in
IC 9-14-3-4 made from the records of the bureau are admissible as
prima facie evidence of the prior conviction. However, the
prosecuting attorney must establish that the document identifies the
defendant by the defendant's driving license number or by any other
identification method utilized by the bureau.
As added by P.L.2-1991, SEC.18. Amended by P.L.112-2001, SEC.7;
P.L.1-2002, SEC.49.
IC 9-30-3-16
Traffic offenders; driver improvement course; probation;
suspension of license; fees
Sec. 16. (a) If a person has been found to have committed a traffic
offense, the court may do the following:
(1) Require the person to attend and satisfactorily complete a
driver improvement course that has been approved by the court
and the bureau or by the bureau.
(2) Place the person on probation for up to one (1) year.
(3) Suspend the person's driver's license for up to thirty (30)
days.
(b) A driver improvement course required under subsection (a)
may be financed by assessing a reasonable charge as determined by
the course provider and approved by the bureau.
As added by P.L.2-1991, SEC.18. Amended by P.L.118-2001, SEC.8;
P.L.146-2003, SEC.1.