Traffic Infraction Deferral Program

The Infraction Deferral Program

The Hamilton County Prosecuting Attorney's Office offers an Infraction Deferral Program to eligible drivers who are cited for certain traffic offenses.

The program provides such persons an opportunity to have the traffic ticket dismissed upon the successful completion of the deferral program.  Successful completion of the program is achieved by paying the deferral fee and not receiving any other tickets for the length of the deferral program; however, in some cases, drivers (under 21 years of age) will also have to complete a defensive driving class.  Eligibility is determined by the Prosecuting Attorney's Office.

Deferral Eligibility Requirements

Both you and your infraction must be qualified in order to be eligible for the Traffic Infraction Deferral Program.  

Some infractions are not eligible for the program; please check the list of ineligible infractions.  

The length of the program depends upon the type of violation.  Consult the list of eligible violations.  If your violation is not listed, you must contact the Infraction Deferral Program at 317-770-8860 to inquire about eligibility or for more information.  

Eligibility requirements for all participants:
  1. Only have one moving violation at this traffic stop.
  2. No other moving violations in the twelve (12) months preceding the traffic citation.
  3. No other deferrals in any other U.S. counties in the twelve (12) months preceding the traffic citation.
  4. The ticket was not in a work/construction zone (no workers present).
  5. The ticket was not in a school zone.
  6. No OWI (operating a vehicle while intoxicated) or DWS (driving while suspended) arrest in the last five (5) years and with a disposition date no less than two (2) years old.
  7. Does not hold a CDL or Chauffeurs license.
  8. Speeding not more than twenty-five (25) miles per hour over the posted speed limit.
  9. As of July 1, 2020, juveniles are eligible for the deferral program due to the amendment of I.C. 34-28-5-1.
  10. The ticket was not the result of an accident (property damage or injury).
  11. Eligibility is further determined by the Prosecuting Attorney's Office on a case-by-case basis.  

How the Traffic Infraction Deferral Program Works

  1. We withhold prosecution on the ticket; it is pending for 6, 9, or 12 months.
  2. At the end of a successful program, your offense will be dismissed.  Your ticket will NOT be sent to the Bureau of Motor Vehicles, and your insurance should not be affected.
  3. You pay the deferral fee instead of paying for the ticket.
  4. While in the program you will be expected to maintain a valid license and not receive any other tickets or criminal charges.
  5. In some cases you will be required to provide proof of auto insurance at the beginning and at the end of your program.
  6. If you receive another traffic ticket or criminal offense during your deferral program, you are required to report the new ticket to the Deferral program, you will be notified by the program administrator that your program has been terminated. You will then be notified by the court as to the amount owed for the fine and balance of court cost. Notice of the conviction of the ticket will be sent to the Bureau of Motor Vehicles.  Failure to pay the fine will result in a license suspension by the Bureau of Motor Vehicles.

The Enrollment Process

  1. Contact the Infraction Deferral Clerk at least five (5) days after receiving your ticket by calling 317-770-8860. You may also complete this online form. To leave a voice message, please include the following information:
    1. Your full name ( spell your last name)
    2. Court date (very important)
    3. The violation as written on the ticket
    4. Contact number for you
  2. Your call will be returned within five (5) business days. This call will determine if you are eligible to enroll in the deferral program. If you qualify the deferral program clerk will send the agreement to you via e-mail or US mail; it's your choice.
  3. You will need to return the signed agreement with a copy of the ticket and the deferral program payment in full by the designated deadline.  If you have an out-of-state driver's license, submit a copy of your current driving record with the paperwork.
  4. Once your paperwork and payment are received, it will be filed with the court thus vacating your initial hearing. Your program starts upon receipt of all paperwork and payment.
  5. There are NO payment arrangements. All fees are due in full upon enrollment.

All paperwork and payment MUST be received in the Infraction Deferral Office no later than one (1) week prior to your scheduled court date. If it is not received by the due date YOU WILL NOT BE ENROLLED IN THE DEFERRAL PROGRAM AND MUST EITHER PAY THE TICKET OR APPEAR AT THE COURT DATE.
 
MAIL OR DELIVER PAYMENT AND PAPERWORK TO: 
Hamilton County Infraction Deferral Program (HCIDP)
One Hamilton County Square, Suite 134
Noblesville, IN 46060
For hand delivery we are located in the Prosecuting Attorney's Office in the Government and Judicial Building. Hours are 8:00 am to 12:00 am and 1:00 pm to 4:30 pm.

TYPES OF PAYMENT ACCEPTED ARE: 
  • Money order
  • Cashier’s check
  • Certified check

NO PERSONAL CHECKS.
NO CREDIT OR DEBIT PAYMENTS. 
NO ONLINE PAYMENTS ARE ACCEPTED.

If your citation is assigned to a Superior Court per your ticket, PLEASE make payment payable to Hamilton County Clerk’s Office.  Cash is accepted only for Superior Court Cases at the Clerk’s Office, but you must come to the deferral office to obtain a fee slip first.

If your citation is assigned to Carmel City Court OR Noblesville City Court OR Fishers City Court, PLEASE make payment payable to that Court Clerk.  For example, Carmel City Court Clerk OR Noblesville City Court Clerk OR Fishers City Court Clerk.

Reasons for Termination from Deferral Program

If you receive another traffic ticket during your deferral program, you must notify the deferral office within 24 hrs. You will receive a letter from the deferral program and, later, a letter from the court telling you what the final fine and court cost are. Failure to pay these monies within 30 days of the court's letter will result in a license suspension by the court.

If you are required to take a defensive driving class and do not complete the class you can be terminated from the deferral program. If you are required to maintain insurance per you deferral agreement, failure to do so will result in a termination. 

Receiving criminal charges while on deferral is grounds for termination.