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.
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.
- 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.