Indiana Traffic Tickets Questions & Answers

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

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Mar 11, 2019
Andrew L. Bennett's answer
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.

Q: Criminal charges after traffic stop . Stop illegal?

1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Answered on Feb 3, 2019
Paul Stanko's answer
Any traffic infraction is enough to initiate a traffic stop. From there, the police can start developing reasonable suspicion or probable cause.

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

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 23, 2019
Andrew L. Bennett's answer
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 case will be deferred for the time frame listed in the letter, usually 6 months or 1 year. If you do not get another traffic violation within that time frame the current ticket will be dismissed. If...

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

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 21, 2019
Andrew L. Bennett's answer
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?

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: 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.

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