In Indiana, people charged with moving traffic violations generally can enter an admission, a denial, or a nolo contendere plea as the pleadings in the case. Some low-level traffic matters may be handled by a violations clerk where a person can mail or deliver a signed admission or nolo contendere and pay the judgment amount listed on the ticket. Courts often schedule traffic matters separately from other cases and require the defendant to be present if the court imposes sentence for a misdemeanor traffic offense.
Because procedures vary by court and by whether the ticket is handled by a violations clerk or in court, individuals commonly request a hearing, file a written contest or plea, or appear on the date on the ticket. The officer or violations clerk must inform a person, before accepting an admission or nolo contendere, that signing has the same effect as a court judgment and may be reported to the motor vehicle agency.
Current Indiana law
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What Indiana law says
What the law generally says: The pleadings for a moving traffic violation can be an admission, a denial, or a nolo contendere in which the defendant consents to entry of judgment without admitting the violation, under Ind. Code § 34-28-5-2. A person charged with a violation that is within the violations clerk's authority may mail or deliver the judgment amount and a signed admission or nolo contendere for a moving traffic violation, under Ind. Code § 34-28-5-11. Before accepting an admission or nolo contendere, the violations clerk or officer must inform the person that the signature has the same effect as a court judgment and that the record will be sent to the motor vehicle agency, under Ind. Code § 34-28-5-12. Traffic cases are generally tried separate from other cases and an objection to the validity of the information or process must be made before trial, under Ind. Code § 9-30-3-9. For misdemeanor traffic cases, the defendant shall be present at the imposition of sentence, under Ind. Code § 9-30-3-10. The statutory form and required contents of the traffic information and summons are set out under Ind. Code § 9-30-3-6.
What to do
A common first step is to read the ticket for the court date and any instructions about a written plea or appearance.
A common option is to request a hearing or contest the ticket in writing and ask the court to set the case for trial.
A common approach for violations handled by the violations clerk is to mail or deliver the judgment amount and a signed admission or nolo contendere if choosing that route, under Ind. Code § 34-28-5-11.
A common step is to appear in court on the scheduled date, since the defendant must be present at sentencing for misdemeanor traffic matters, under Ind. Code § 9-30-3-10.
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Common questions
Can I plead by mail for a moving traffic violation?
Yes, if the violation is within the violations clerk's authority, a person may mail or deliver the judgment amount and a signed admission or pleading of nolo contendere for a moving traffic violation, under Ind. Code § 34-28-5-11.
Will signing an admission or nolo contendere affect my driving record?
The officer or violations clerk must inform the person that signing an admission or plea of nolo contendere has the same effect as a court judgment and that the judgment record will be sent to the motor vehicle agency, under Ind. Code § 34-28-5-12.
Do traffic cases get their own court sessions?
Yes, traffic cases should be tried separate and apart from other cases and may be designated as a traffic session or division, under Ind. Code § 9-30-3-9.
Must I be in court for sentencing on a traffic misdemeanor?
The law states the defendant shall be present at the imposition of sentence in all misdemeanor traffic cases, under Ind. Code § 9-30-3-10.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
