(a)Except as provided in subsection (b), the
court may issue a warrant for the arrest of a defendant who is an
Indiana resident who:
(1)fails to appear or answer a traffic information and summons
for a misdemeanor or felony; or
(2)fails to appear or answer a complaint and summons for a
misdemeanor or felony served upon the defendant.
If the warrant is not executed within thirty (30) days after issue, the
court shall promptly forward the court copy of the traffic information
and summons or complaint and summons to the bureau indicating that
the defendant failed to appear in court as ordered. The court shall then
mark the case as failure to appear on the court's records.
(b)If a defendant who is not an Indiana resident or a minor who is
an Indiana resident fails to appear or answer a tra
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Except as provided in subsection (b), the
court may issue a warrant for the arrest of a defendant who is an
Indiana resident who:
(1) fails to appear or answer a traffic information and summons
for a misdemeanor or felony; or
(2) fails to appear or answer a complaint and summons for a
misdemeanor or felony served upon the defendant.
If the warrant is not executed within thirty (30) days after issue, the
court shall promptly forward the court copy of the traffic information
and summons or complaint and summons to the bureau indicating that
the defendant failed to appear in court as ordered. The court shall then
mark the case as failure to appear on the court's records.
(b) If a defendant who is not an Indiana resident or a minor who is
an Indiana resident fails to appear or answer a traffic summons served
upon the defendant or minor and upon which the information or
complaint has been filed thirty (30) days after the return date of the
information and summons or complaint and summons, the court shall
promptly forward the court copy of the traffic information and
summons or complaint and summons to the bureau. If the defendant is
a nonresident, the bureau shall notify the motor vehicle commission of
the state of the nonresident defendant of the defendant's failure to
appear and also of any action taken by the bureau relative to the
Indiana driving privileges of the defendant. If the defendant or minor
fails to appear or otherwise answer within thirty (30) days, the court
shall mark the case as failure to appear on the court's records.
(c) The court may suspend the driving privileges of a defendant who
fails to satisfy a judgment entered against the defendant for:
(1) commission of a moving traffic offense as defined by IC 9-13-2-110; or
(2) commission of a traffic infraction listed in 140 IAC 1-4.5-10;
for a period of three (3) years from the date set by the court under IC 34-28-5-6. The court shall forward notice to the bureau indicating that
the defendant failed to pay as ordered.
(d) If the bureau receives a copy of the traffic information and
summons or complaint under subsection (a) or a notice of failure to pay
under subsection (c), either on a form prescribed by the bureau or in an
electronic format prescribed by the office of judicial administration, the
bureau shall suspend the driving privileges of the defendant until:
(1) the defendant appears in court;
(2) the case has been disposed of;
(3) payment is received by the court; or
(4) three (3) years from a date set by the court under subsection
(c).
The order of suspension may be served upon the defendant by mailing
the order by first class mail to the defendant at the last address shown
for the defendant or minor in the records of the bureau or by sending
the order electronically if the defendant has indicated a preference for
receiving notices from the bureau electronically. A suspension under
this section begins thirty (30) days after the date the notice of
suspension is mailed or sent electronically by the bureau to the
defendant.
(e) For nonresidents of Indiana or a minor resident of Indiana under
subsection (b), the order of suspension shall be mailed to the defendant
or minor at the address given to the arresting officer or the clerk of
court by the defendant or minor as shown by the traffic information or
complaint. A copy of the order shall also be sent to the motor vehicle
bureau of the state of the nonresident defendant and the bureau. If:
(1) the defendant's or minor's failure to appear in court has been
certified to the bureau under this chapter; and
(2) the defendant or minor subsequently appears in court to
answer the charges against the defendant or minor;
the court shall proceed to hear and determine the case in the same
manner as other cases pending in the court. Upon final determination
of the case, the court shall notify the bureau of the determination either
in an electronic format or upon forms prescribed by the bureau. The
notification shall be made by the court within ten (10) days after the
final determination of the case, and information from the original copy
of the traffic information and summons or complaint and summons
must accompany the notification.
(f) If the bureau receives notice that a defendant or minor failed to
appear under subsection (b), the bureau shall suspend the defendant's
or minor's Indiana driving privileges until either:
(1) the defendant or minor appears in court to answer for the
charges against the defendant or minor; or
(2) the case is disposed of.
(g) This section does not preclude preliminary proceedings under IC 35-33.
[Pre-1991 Recodification Citation: 9-4-7-6.]