Deferral Program

Deferral of Prosecution Program Speeding Infractions

The Deferral Program is administered by the City Clerk's Office.

Eligibility and Ticket:

• No Prior speeding tickets within one year from current ticket date, in State of Indiana

• Ticket issued by FWPD, citing FW Local Ordinance #71-25, NOT State Statute

• Not currently enrolled in this program. Can be enrolled in State program at same time.

• 30 + MPH, Judge has to O.K. enrollment.

• An individual will remain in the program for a period of ONE YEAR, during which time he/she cannot receive any additional moving violations or arrests.

• Must address violation in some manner by date at bottom of ticket. See “Other”

• Under 18 years old must have a parent or guardian present.   Have parent or guardian sign under or next to defendant signature.    Identify “mother, father, guardian present” whichever is applicable

Absentee Defendant:

• If the defendant is a student outside of FW, parent or guardian can enroll

• If defendant is out of state, such as parent in FL, 18+ yr. old child can enroll

• Form cannot be mailed. Signature needs to be witnessed.

• Attorney's can obtain form for client.

Enrollment:

• One time basis only (unless approved by Court)

• First apply at City Clerk's Office  (Violations Bureau)  200 E. Berry St., Suite 110

• Must submit paperwork and pay fee at Misdemeanor/Traffic Court at the

• Bud Meeks Criminal Justice Center @ 101 E. Superior St. Form

Fee and Payment:

• The total cost for the program is a user fee cost of $143.00 for the applicable speed violation plus $79.50 Court costs.

• Cash, money order, cashier's check ONLY, credit card, and in person.

• Cannot mail, make check payable to Clerk of Allen County

• Paying user fee, plus court costs, not paying ticket fine

• Partial payments are not accepted by court

Other Points to Note:

- Clerks of court can reset court date (extension) one time, then judge has to.

- “Warrant” can be issued for NO SHOW on bench trial court date

  10+ mph         4 point ticket      to insurance carrier         BMV issues points   -9 mph           2 point  ticket                                         BMV issues points

- Fines on back of moving violation ticket includes court costs

- If appealing the ticket with bench trial and lose, cannot enroll in program

- FWPD cites FW ordinance or state statute, NHPD cites NH ordinance or state statute, ACPD cite AC local ordinance or state statute. NH cannot cite FW ordinance and vice versa.

- ACPD citing AC local ordinance-court can change to state statute to enable enrollment in state's deferral program. FWPD citing state statute, enroll in state's program.

- The BMV issues points. This is done at time of conviction. Pay = conviction

- Enrollment for speeding violations only!

- If the court has been sent to the BVM (when ticket has not been paid, past ticket deadline and grace period of 30 days) CANNOT ENROLL must pay ticket.

- If there are 2 tickets, one citing state statute and one local ordinance, i.e. seat belt violation and speeding, will probably be under “IF” cause number. Cannot split tickets-enroll in state's program.

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