The Prosecuting Attorney established an Infraction Deferral Program in order to allow persons who have committed certain traffic violations to maintain a point free driving record. Upon completion of the program, a person will earn a dismissal of the ticket, allowing one to avoid accumulating points on the license and having the ticket applied to the record. The program is voluntary, but once you enter the program, you must successfully complete all of the terms of your agreement.
After Receiving a TicketFrom the date in which the ticket was issued, a person has 30 days to do one of two things:
- Pay the ticket
- Schedule a Court Date
Program IneligibilityYou are not eligible for the Infraction Deferral Program if:
- You have a Commercial Drivers License (CDL)
- You are currently in a Deferral program in another County
- You have already participated in the program on two prior occasions
- You are currently or have ever been classified as a habitual traffic violator
- The driver was cited for any of the following infractions:
- Failure to Yield to an Emergency Vehicle
- Railroad Crossing Violations
- Passing a School Bus
- No Insurance
- Driving while suspended, as an infraction
- Work Zone Violations, when workers are present
Additional Program Requirements
- If you were speeding at 25 miles per hour (mph) or more above the speed limit, then you may be required to complete a driver improvement course.
- Your driving history may require you to complete a driver improvement course or community service.
- If a signed agreement is not submitted to the Prosecuting Attorney in time to be received at least 7 days prior to the court date, then you must appear in Court on your court date or your license may be suspended by the Court.
Infraction Deferral Agreement Terms
- The State of Indiana will agree to defer prosecution and to dismiss this charge(s) 6 months from the Enrollment date.
- The Defendant agrees to:
- Pay $192.50 within 30 days of being set up on the Infraction Deferral Program
- Commit no traffic, ordinance, misdemeanor or felony violations for a period of 6 months.
- Notify the Coordinator of the Infraction Deferral Program in writing within 7 days of any change in address.
- Fully comply with any special conditions, which may be a part of your Agreement.
Program Sign UpIf you are interested in the Infraction Deferral Program a court date will need to be set. Again, do not send payment for the ticket to the Clerk's Office. You may set up the court date yourself by calling the of Traffic Violations at 574-256-6330 or 574-256-6201, or you can have the Deferral Coordinator establish a date for you upon receiving your submitted Agreement Form. If you are close to your 40-day deadline date, you will need to set the court date yourself so as to avoid any ramifications from the court.
ApplyYou need to complete and submit the Infraction Deferral Agreement Form. Submitting the Infraction Deferral Agreement Form does not guarantee your acceptance into the Infraction Deferral Program.
You will be notified after your records are verified whether or not you have been accepted. If you have not been notified within 5 days of your Court date then you must be in Court on the date of your hearing. If you fail to comply any of the terms of the Agreement the Prosecuting Attorney will set the case for trial and the Defendant (you) will forfeit all fees you have paid. If there are any questions or concerns, please contact the Infraction Deferral Coordinator at 574-245-6645 before you submit your signed Agreement.
Walkerton Town CourtWithin St. Joseph County is the Walkerton Town Court. Walkerton Town Court initially operates under its own jurisdiction and there are several police agencies that operate through the Walkerton Town Court when issuing citations. If, on your ticket under the ‘Court Appearance' section, it indicates ‘(St. Joseph) Walkerton Town Court,' your ticket will initially be processed through them. Having your ticket under the jurisdiction of Walkerton does not mean that a person cannot participate in the Deferral Program; it simply means that a person must first go through Walkerton in order to be enrolled.
Applying for Deferral With Walkerton
If your ticket was issued within Walkerton, you cannot submit the online Agreement form directly to the Deferral Coordinator. Rather, you must first contact the Walkerton Town Court and inform them of your interest in the Deferral Program. Once you have expressed your interest in the Deferral Program, a representative from Walkerton will take your information and submit the ticket to the Deferral Coordinator, transferring your ticket out of Walkerton and into St. Joseph County Superior Court. Once transferred, your ticket and status will be reviewed and, if you are determined to be eligible for the Program, you will receive documents in the mail from the Deferral Program that will allow for you to enroll into the Program. You will receive those documents within 30 days of your ticket being transferred.