§ 34-28-5-4 — Costs; deposit of funds; findings required for judgment; special provisions for moving violations

Indiana § 34-28-5-4

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 28: SPECIAL PROCEEDINGS: MISCELLANEOUS
• Ch. 5: Infraction and Ordinance Violation Enforcement

Text

(a) A judgment of up to ten thousand dollars
($10,000) may be entered for a violation constituting a Class A
infraction.
(b) A judgment of up to one thousand dollars ($1,000) may be
entered for a violation constituting a Class B infraction.
(c) Except as provided in subsection (f), a judgment of up to five
hundred dollars ($500) may be entered for a violation constituting a
Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered for
a violation constituting a Class D infraction.
(e) Subject to section 1 of this chapter, a judgment:
(1) up to the amount requested in the complaint; and
(2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
(f) Except as provided in subsections (g) and (h), a person who has
admitted to a moving violation constituting a Class C infraction,
pleaded nolo contendere to a moving violation constituting a Class C
infraction, or has been found by a court to have committed a moving
violation constituting a Class C infraction may not be required to pay
more than the following amounts for the violation:
(1) If, before the appearance date specified in the summons and
complaint, the person mails or delivers an admission of the
moving violation or a plea of nolo contendere to the moving
violation, the person may not be required to pay any amount,
except court costs and a judgment that does not exceed thirty-five
dollars and fifty cents ($35.50).
(2) If the person admits the moving violation or enters a plea of
nolo contendere to the moving violation on the appearance date
specified in the summons and complaint, the person may not be
required to pay any amount, except court costs and a judgment
that does not exceed thirty-five dollars and fifty cents ($35.50).
(3) If the person contests the moving violation in court and is
found to have committed the moving violation, the person may
not be required to pay any amount, except:
(A) court costs and a judgment that does not exceed thirty-five
dollars and fifty cents ($35.50) if, in the five (5) years before
the appearance date specified in the summons and complaint,
the person was not found by a court in the county to have
committed a moving violation;
(B) court costs and a judgment that does not exceed two
hundred fifty dollars and fifty cents ($250.50) if, in the five (5)
years before the appearance date specified in the summons and
complaint, the person was found by a court in the county to
have committed one (1) moving violation; and
(C) court costs and a judgment that does not exceed five
hundred dollars ($500) if, in the five (5) years before the
appearance date specified in the summons and complaint, the
person was found by a court in the county to have committed
two (2) or more moving violations.
In a proceeding under subdivision (3), the court may require the person
to submit an affidavit or sworn testimony concerning whether, in the
five (5) years before the appearance date specified in the summons and
complaint, the person has been found by a court to have committed one
(1) or more moving violations.
(g) The amounts described in subsection (f) are in addition to any
amount that a person may be required to pay for attending a defensive
driving school program.
(h) This subsection applies only to infraction judgments imposed in
Marion County for traffic violations after December 31, 2010.
Subsection (f) applies to an infraction judgment described in this
subsection. However, a court shall impose a judgment of not less than
thirty-five dollars ($35) for an infraction judgment that is entered in
Marion County. These funds shall be transferred to a dedicated fund in
accordance with section 5 of this chapter.
(i) This subsection applies only to infraction judgments imposed in
Clark County for toll violations after January 1, 2017. Subsection (f)
applies to an infraction judgment described in this subsection.
However, a court shall impose a judgment of not less than thirty-five
dollars ($35) for an infraction judgment that is entered in Clark County.
These funds shall be transferred to a dedicated fund in accordance with
section 5(f) of this chapter.
[Pre-1998 Recodification Citations: 34-4-32-4(a);
34-4-4-32-4(b); 34-4-4-32-4(c); 34-4-4-32-4(d);
34-4-32-4(e).]

Legislative History

As added by P.L.1-1998, SEC.24. Amended by P.L.200-2005, SEC.2; P.L.101-2009, SEC.18; P.L.71-2010, SEC.3; P.L.106-2010, SEC.7; P.L.146-2016, SEC.17; P.L.110-2020, SEC.10.