Infraction Deferral

What is the program?

The Infraction Deferral Program is an alternative to the normal process of court trial for an infraction such as speeding. It provides an opportunity to have an infraction charge dismissed if you keep a clean record for 6 months, thus avoiding possible consequences of a conviction including a conviction on your driving record, points on your license, increased insurance premiums, etc. This program is voluntary and implemented at the discretion of the Prosecutor’s Office.

Who can enter the program?

Most of those charged with committing an infraction can qualify for the program. However, you may not enter the program if your infraction was for failure to yield to an emergency vehicle, you were traveling more than 30 mph more than the speed limit, the infraction occurred in a school zone or a construction zone, school bus stop arm violation, you are currently on the deferral program, the infraction involved an accident, you are charged with more than one infraction, or if you have a commercial driver’s license.

How do I enter the program?

Unless you have a commercial driver’s license (CDL) you will be sent the Infraction Deferral Agreement paperwork to determine if you qualify for the program. If you do not receive a letter prior to your court date, you can call our office to inquire about your eligibility. If you qualify, you must sign the deferral program form and pay a deferral program fee which is currently $192.50 for moving violations and $122 for non-moving violations. The Clerks office currently accepts cash, money order, cashier’s check and credit/debit card (for a fee). Personal checks are not accepted. The 6 month period does not start until the papers and payment have been received and processed by the Warrick County Clerk’s office. Once you have successfully entered the deferral program, it is not necessary to attend your court date.

Additional questions?

The above is a general description of the program and who qualifies for it. If you have questions about the infraction deferral program, please contact us at (812) 897-6199 and ask for Jill or Erin.

Additional Resources

Indiana Driver Safety Program: https://www.in.gov/bmv/2571.htm