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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”
- 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)
- Apply at City Clerk's Office - Room 122 City-County Building
- Must submit paperwork and pay fee at Misdemeanor/Traffic Court
- Bud Meeks Criminal Justice Center @ 101 E. Superior St. Form cannot be mailed.
Fee and Payment:
- The total cost for the program is a user fee cost for the applicable speed violation plus $72.00 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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Deferral Program 
