Infraction Deferral

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. If it has been 10 days since you received your ticket, you may complete, sign, and SUBMIT the Intake Form.
    2. Out-of-state drivers must submit a CERTIFIED copy of your current 3–5 year driving record. In most states this is available through the Secretary of State’s Office or Department of Motor Vehicles.  No third-party records accepted.

    IF ACCEPTED: You will receive an Agreement Form to Sign and SUBMITPlease read your IDP Agreement. You will be required to maintain a clean driving record and satisfy the terms outlined in your Deferral Agreement. If you are ACCEPTED before your scheduled court date, you DO NOT need to appear in court.

     *Once Acceptance into The Program Is Final, You May Not Withdraw from The Program. *

     IF REJECTED: You must attend your court date, or you may contact the Clerk’s Office to pay for your ticket.  If you do not know your court date, contact the Court Clerk’s Office.

    *If you have questions, please email whurt@elkhartpa.com or call the IDP Coordinator at 574-296-1832.

Click here to Download Information Sheet and Intake Form.

 

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