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Indiana Traffic Tickets Questions & Answers

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Traffic tickets now saying bench trial

I received two traffic tickets in a short time period. I hired an attorney to try and get one deferred he said that I would be mailed the "plea" or what the prosecutor is going to offer. I look on the mycase tool today and it now says that both are set for a bench trial a few months out. Does this... Read more »

Andrew L. Bennett answered on Jun 21, 2019

It could mean a few things, you should contact your attorney for clarification with the specifics.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Had gotten a deferral for a speeding ticket. within the yr received 92 in a 65 Zone in Lake County IN today.

What can I do now so that I do not get points on my license?

Andrew L. Bennett answered on Jun 17, 2019

You should consider hiring an attorney who can negotiate with the prosecutor to not refile on the deferred case and negotiate a resolution to your new case.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Got two speeding tickets within 13 days of each other. What can I do?

My first ticket was 75 mph in a 55mph and my second was 85mph in a 55mph. I know that I wasn’t going that fast but I’m not going to try and argue that with a cop and judge. I have a meeting with an attorney Tuesday but it’s driving me crazy. Will he be able to do anything? Can I take a class... Read more »

Andrew L. Bennett answered on Jun 16, 2019

Yes, your attorney should be able to negotiate a resolution on both cases that will be better than if you paid each ticket or lost at a trial. What the ultimate resolution will be is going to be dependent on your record and other factors. You have made the right decision by hiring an attorney.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Hello. I have received a failure to obey traffic control device ticket, 392.2C in Dearborn IN. CDL driver. Need help.

I was driving towards Plainfield In and I got detour because of the flood and my gps led me on the wrong road. I drove on this road for 8 miles, I got pulled over just a mile away from the highway. There was no accident or any kind of damages involved but still got the ticket even though I... Read more »

Andrew L. Bennett answered on Jun 4, 2019

If you simply pay the citation it will likely add points to your record. In IN it is a 4 point violation; it will also affect your employers safety rating. You should consult with a local attorney who should be able to negotiate a lesser offense that should have no points on your record and not... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Citation issued but has the wrong owner's name and address on the ticket can it be dismissed

Andrew L. Bennett answered on May 30, 2019

Maybe. It may be enough for the prosecutor to dismiss, but it would be their choice. The State could also amend the citation with the correct information and move forward on the case.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Received a driving while suspended back in March and state has yet filed! What do I do?

Andrew L. Bennett answered on May 26, 2019

You should continue to monitor to see if charges are filed. Also, if you can get valid, then do so, if you are not sure what to do to get a valid license, contact a traffic attorney.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Hello, I have a question over an IF. It's quite complicated and i really need help/advice

I got a ticket for driving while suspended in IN, at the time i was living at KY. Then i moved to IN and i wasn't aware of a fine that i had to pay now they have sent it to the BMV. I spoke to someone in the court and suggested i shouldn't pay it because then they'll suspend my license for 90... Read more »

Andrew L. Bennett answered on May 26, 2019

You should contact a traffic attorney who practices in the county where your case is pending to discuss your options and what they can do to keep it off your record.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on

Q: Need to know the passenger right in a vehicle of a traffic stop what's a canine 4th amendment

Can statements made after the Miranda rights are read be held against you even if you are under the influence? What is a perfect caught with drugs have to have the exact nature what exact drug or exactly that it is. drug? Under the Fourth Amendment rights can a passenger be held on a traffic stop... Read more »

Paul Stanko answered on Apr 9, 2019

Your questions are many and varied.

1. Anything you say can be held against you. Intoxication could affect the weight to be given to those statements by a judge or jury.

2. In order to prove a drug case, the State will have to document the type of drug.

3. Fourth Amendment...
Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: I received a citation for not having a CDL what should I do next?

I work for a landscaping company and was recently pulled over while driving a company truck and trailer. I was not speeding. The officer pulled me over due to the fact that the license plate on the trailer was bent around the fender. After looking at my license and the truck and trailer... Read more »

Andrew L. Bennett answered on Mar 11, 2019

You should consult with a local traffic attorney the violation could add points and suspend your license if you just pay the ticket. A good traffic attorney should be able to negotiate on your behalf given the circumstances and avoid a conviction on your record.

1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on

Q: Criminal charges after traffic stop . Stop illegal?

Was pulled over buy three different cops Indiana State Police and undercover SUV with K9 because of a sticker that was outdated but the plates were still legal and they knew that before pulling me over still was pulled over and then sent to jail for paraphernalia and methamphetamine is there a way... Read more »

Paul Stanko answered on Feb 3, 2019

Any traffic infraction is enough to initiate a traffic stop. From there, the police can start developing reasonable suspicion or probable cause.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Got a speeding ticket. Got a pre-trail diversion program letter. l can pay $175 instead of ticket fine. Whats this mean

Code: 9-21-5-2(a)/IFC: Speeding)

Location: Knox county, IN

Going 86 in 60mph

Court date 2/13

Meet all rewuiremts for diversion program

Andrew L. Bennett answered on Jan 23, 2019

If you just pay the ticket you will get points on your record when the IN BMV reports it to the IL Secretary of State. The Pre Trial Diversion letter is a prosecutor deferral program. If you qualify for the program as listed in the letter and sign the infraction deferral and pay the fee, your... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Can an officer decline to write a ticket and then later send a ticket to the court without the drivers knowledge

I got pulled over for wrong plates got the car impounded the officer said he would not giive a ciitation and i left. 3 montgs later i find out my license had been suspended for failure to pay. I go to the court house and get 2 citations one for fictitious plates and suspension for delinquent child... Read more »

Andrew L. Bennett answered on Jan 21, 2019

Yes, an officer can chose to send a citation later. It is also possible he was directed to do so by his superiors or the prosecutor. You should have received notice. Was the address on the ticket where you live or receive mail?

1 Answer | Asked in Traffic Tickets for Indiana on

Q: What steps do I need to take

I’ve received a ticket for speeding. Officer did not give me one for driving without a license. My suspension period should be over. Should I pay the ticket or pay my reinstatement fee first and obtain my license

Andrew L. Bennett answered on Jan 12, 2019

You should consider talking to an experienced traffic attorney so you do not make getting a license more difficult or take longer to get valid.

1 Answer | Asked in Traffic Tickets, Criminal Law and Car Accidents for Indiana on

Q: suspended license and a recent new case due to the suspended being pulled over while driving, looking for help

when the initial accident happened, the driver was not insured and was arrested. He was released on OR the next day and never managed to get his license reinstated, but paid all other court fees. Now, 4 years later, he has been pulled over driving suspended, but received only a court summons. We... Read more »

Ary Avnet answered on Jan 8, 2019

I'd be glad to advise him but i'd recommend you hire an attorney from your county or immediate surrounding county. You did not state in which county this occurred.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on

Q: what will happen for possession of marijuana and paraphernalia

I received four tickets in less than 24 hour period. All in the state of Indiana. One speeding, second time speeding, possession of marijuana (little amount, and paraphernalia (one hitter). I’ve had a clean record and just turned 18. He gave me a ticket for each. Will I still have to go to court?... Read more »

Paul Stanko answered on Dec 30, 2018

The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Is there any significant penalty for not paying a non-driver seat belt ticket?

There was no way for the officer to see that I wasn't wearing the belt, having been in the middle where there is only a lap belt.

Andrew L. Bennett answered on Dec 10, 2018

The ticket is $25.00 and a non moving violation. However, not paying the ticket can result in a default judgment as well as a Failure to Pay license suspension.

1 Answer | Asked in Traffic Tickets and Gaming for Indiana on

Q: I have to warrants for missing court for driving while suspended they are from 2016 can I get them lifted my job said

I could get it lifted and have a scheduled court date to go pay fees my job is with the casino and before I start I have to go to the gaming board and get my finger prints done so I will be in front of the state police

Andrew L. Bennett answered on Dec 6, 2018

Having the warrants recalled (lifted) really depends on the court. However, it is very unlikely a court will recall the warrants without you having an attorney. If you go to the court to ask you will be taken into custody. Hire an attorney who is familiar with the court system where your... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: I received a ticket and tried to pay it twice and both times was told that the officer hadn't turned it in. What do I do

Andrew L. Bennett answered on Sep 21, 2018

Do not try and pay it again, it will add points to your record. Call the clerk the day before your initial hearing is set to see if its been filed. If it hasn't been filed ask the clerk to see if it can be dismissed so you no longer have to worry about it.

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana on

Q: I was driving with my 4 year old the other day & she’d dropped a toy I tried to grab it while watching oncoming traffic

I had to try to grab it and I crossed the center of the road 3 times (again no on known traffic I was making sure 100%). When I got to the stop sign at the end kid tbe road, he turned his flasher light on (the officer) and arrested me for OWI on my prescription medications. He was mind enough to... Read more »

Andrew L. Bennett answered on Sep 11, 2018

If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Can a state request to see your insurance after you already showed the officer on site and the case is closed?

I got pulled over and got a driving while suspended in Indiana. I did show the officer insurance and registration though. Then Indiana now wants me to prove i had insurance again or they will suspend my license.

Andrew L. Bennett answered on Sep 8, 2018

Yes, you are required to provide proof to the state (BMV). Providing it to the officer is just a preliminary step.

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