Indiana Traffic Tickets Questions & Answers

Q: What steps do I need to take

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 12, 2019
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Traffic Tickets, Criminal Law and Car Accidents for Indiana on
Answered on Jan 8, 2019
Ary Avnet's answer
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.

Q: what will happen for possession of marijuana and paraphernalia

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

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

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Dec 10, 2018
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Traffic Tickets and Gaming for Indiana on
Answered on Dec 6, 2018
Andrew L. Bennett's answer
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 warrants are and go from there. Also is your driving privilege reinstated or are you still suspended?

Q: Is there a difference between real and personal property?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Litigation for Indiana on
Answered on Oct 14, 2018
Timur Akpinar's answer
A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks more meaningfully at the concept.

Tim Akpinar

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

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Sep 21, 2018
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana on
Answered on Sep 11, 2018
Andrew L. Bennett's answer
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 your hands and need to consult with an attorney. It is very likely that you will have at least one felony charge.

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

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Sep 8, 2018
Andrew L. Bennett's answer
Yes, you are required to provide proof to the state (BMV). Providing it to the officer is just a preliminary step.

Q: If a ticket is "pulled" am I responsible?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Aug 28, 2018
Andrew L. Bennett's answer
It sounds like the ticket was not pulled, but rather it was filed. The issue was you were looking at the BMV site which would not show anything until there was a judgment against you or Failure to Appear/Pay suspension ordered. You should have been looking at mycase.in.gov; this is the clerks system that would have shown the case was filed.

You have 2 options: 1) pay the ticket and the court will remove the suspension, NOT A GOOD IDEA, as it will put/keep 4-6 points on your record and...

Q: Am I responsible?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Aug 27, 2018
Andrew L. Bennett's answer
You very well may be. Tickets are civil and need to be proven only by a preponderance of the evidence. You should consider talking to a local attorney who can assist with resolving the matter and keeping your record clean, also to clean up any reasons for suspension.

Q: I have a few questions about what is legal and what is not in Indiana pertaining to driving with an Arizona license

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Indiana on
Answered on Jul 25, 2018
Andrew L. Bennett's answer
The requirement is based on where your domiciled, not moved. If you are merely going to college in IN but still a resident in AZ and pay AZ income tax then your AZ license is sufficient. However, if you no longer have ties to AZ and would be required to file taxes in IN then you must change your license within the required time frame.

Q: Can a police officer from one city issue traffic tickets in another?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jul 10, 2018
Andrew L. Bennett's answer
Yes. In Indiana an officer is an officer anywhere in the state and therefore can cite anyone anywhere in the state. However, to make a traffic stop the officer must be in a marked squad car or in a distinguishable uniform. If he is in plain clothes he cannot make a traffic stop.

Q: Can I get a distracted driving ticket for putting on makeup while driving?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jun 25, 2018
Alexander Florian Steciuch's answer
Yes, that is a great example of distracted driving. Anything that takes your hands off the wheel or eyes off the road can be distracted driving.

Q: What's the policy for driving with an expired drivers license in Indiana?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jun 2, 2018
Andrew L. Bennett's answer
It will depend on the court and the prosecutor

Q: Are the black and white speed signs for commercial vehicles, therefor I don’t have to follow them in a private vehicle

1 Answer | Asked in Traffic Tickets and Constitutional Law for Indiana on
Answered on May 8, 2018
Andrew L. Bennett's answer
The speed limit signs apply to all vehicles unless there is a specific truck speed, which would be posted below the posted speed limit sign.

Q: I was hit by a driver who ran a red light. Can I insist she be ticketed? Indiana

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on May 2, 2018
Alexander Florian Steciuch's answer
No, you cannot ticket someone as a private citizen.

Q: Can an officer in Indiana , pull you over for no reason but because the owner of the car has suspened licenses

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Apr 16, 2018
Andrew L. Bennett's answer
If learning & confirming the registered owner has a suspended license and confirming the driver matches the description of the owner, then yes the officer can make a traffic stop.

Q: Can I have a trial by affidavit for my speeding ticket? I live in Indiana.

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Apr 10, 2018
Andrew L. Bennett's answer
Trial by affidavit sounds like where you document your details of the event and the officer does the same. If you state that you were going 64 in a 45 that is likely what the court will find you liable for even if the officer does not respond. Doing so will put a minimum of 4 points on your record and likely raise your insurance rates. You should consider speaking with an attorney who should be able to negotiate a better resolution that won't drastically effect your record.

Q: Can i go to jail for pleding guilty for no Registration

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Apr 9, 2018
Andrew L. Bennett's answer
If its just the infraction for no registration then its only punishable by a fine

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