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Deferral Program

Deferral Program

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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”

  • Defendants under 18 years old are not elgible for this deferral program.

 

Absentee Defendant:

  • If the defendant is a student outside of FW, parent or guardian 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 $81.50 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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