Infraction Deferral

Download the Infraction Deferral Form

The Elkhart County prosecuting attorney designed the Infraction Deferral Program for otherwise law-abiding citizens who have recently received a traffic ticket or violation. The program provides persons an opportunity to have the traffic ticket dismissed pending the completion of the deferral program. For most drivers this means paying the deferral fee and not receiving any tickets for the next 12 months. In some cases drivers will be required to participate in a defensive driving course, show proof of a valid driver’s license or show proof of insurance.

Once drivers have completed their term of deferral, the ticket is dismissed and the offense is not forwarded to the Indiana Bureau of Motor Vehicles. Thus the points are not assessed to his/her driving record. This allows a good driver to maintain a clean driving record, and his/her auto insurance rates may not increase as a result of this ticket.

Program Benefits

  • No points against your driving record
  • Dismissal of ticket
  • Insurance rates may not increase

Process

  1. Obtain, complete, and submit your paperwork (found above) with original signatures before your court date to:
    Elkhart County Prosecutor’s Office
    Infraction Deferral Program
    301 S. Main St., Suite 100
    Elkhart, IN 46516*Out-of-state drivers must submit a copy of their driving record. Online Department of Motor Vehicles
  2. Await our acceptance or rejection letter.
  3. If accepted, you will be required to pay your fees within eight weeks and complete other conditions if required. At the end of your deferral, your driving record will be reviewed, and if conditions are met, the ticket will be dismissed and will not appear on your driving record.
  4. If rejected, you will be given a court date that you must attend, or you must make arrangements with the Clerk’s Office to pay the ticket.* It is imperative that once on the deferral program you do not receive any additional tickets during your term of deferral. Additional tickets or violations will result in your forfeiture of deferral fees and require you to pay your ongoing court fines and costs.

Terms of Deferral

Moving Violations

Persons who have committed moving violations can expect to pay a deferral fee of $252.50 and will be required to maintain a clean driving record for 12 months.

Non-moving Violations

Persons who have committed a non-moving violation will be subject to an $92.50 deferral fee and will be required to maintain a clean driving record for three months.

In some instances drivers will be required to attend a defensive driving course, show proof of valid insurance and obtain a valid driver’s license.

Indiana Bureau of Motor Vehicles

Online Department of Motor Vehicles

Approved Defensive Driving Courses

My Improv
Indiana Online Driver Improvement School