Deferrals & Diversions

 

INFRACTION DEFERRAL PROGRAM

The Traffic Infraction Deferral Program is offered through the Kosciusko County Prosecutor's Office. It is available to qualified drivers for the dual purposes of promoting safe driving and allowing the driver to avoid any additional points on his/her driving record through the Bureau of Motor Vehicles (BMV).

You may qualify to participate in the traffic infraction Deferral program if you:

  • Were driving a vehicle that does not require a commercial driver's license (CDL) to operate
  • If you are an out-of-state driver, you must provide us with a copy of your current State driving record with your completed Infraction Deferral Agreement
  • Received only one ticket (if 2 or more tickets, must get prosecutor's approval)
  • Were 18 years of age or older at the time the ticket was received
  • Were not going more than 25 mph over the posted speed limit
  • Were not going more that 15 mph over within a 45mph zone on U.S.30 
  • Were not speeding in a work zone or a school zone 
  • Received a ticket which is approved for the program
  • The most common types of tickets that qualify are:
    • Speeding up to 25 mph over the posted speed limit (not in school zone or work zone and not in a special speed zone on U.S.30)
    • Disregarding a traffic light or a stop sign or a yield sign (not on U.S. 30)
    • Following too closely
    • Driving left of center
    • Unsafe lane movement
    • NOT an offense involving an accident, passing a school bus, failing to yield to an emergency vehicle, no insurance, or any other eight-point offense (as designated by the Indiana Bureau of Motor Vehicles)

Eligibility is at the complete discretion of the Kosciusko County Prosecutor.  Any driver may be made ineligible for any reason by the Kosciusko County Prosecuting Attorney.

 

If you wish to be considered as a participant of the Deferral program, you must sign an Infraction Deferral Agreement and pay the accompanying fee. You do this instead of paying the ticket (i.e. do not pay the ticket and then request the Deferral agreement). The effective date of this agreement will be the date that the Clerk of Kosciusko County receives the payment and agreement.  If you comply with the terms of the agreement, the State of Indiana will dismiss the charges pursuant to I.C. 34-28-5-1. If you successfully complete the terms of the Deferral agreement then you will not accumulate any additional points on your BMV driving record. If you fail to comply with any of the terms of the agreement, it may result in the ticket being filed again. If this happens, the Deferral fee will be forfeited and you will need to either pay the ticket or contest the ticket.

To participate in the Infraction Deferral Program, you may come in person to the Kosciusko County Prosecutor's Office, 121 N. Lake St., Warsaw, IN 46580 from 8:30AM - 4:00 PM.  Bring the ticket and the fee identified by the Prosecutors Office in the form of cash, cashier's check, certified check, or money order made payable to the Clerk of Kosciusko County. 

To participate in the Infraction Deferral Program by mail, you may download and print the INFRACTION DEFERRAL AGREEMENT, contact the Prosecuting Attorney Diversion Administrator at (574) 372-2419, then complete, sign and date the agreement. Mail the completed agreement with the accompanying fee by certified or cashier's check or money order to: Kosciusko County Prosecuting Attorney, 121 N. Lake St., Warsaw, IN 46580.

Receipts are not automatically sent out, so in order to receive verification of your payment, you must include a self-addressed stamped envelope with your payment and a receipt will be returned to you.

The deadline to participate in the Infraction Deferral Program is the due date on the ticket, also referred to as the initial hearing date or the court appearance date. Therefore, you must come in person to the Kosciusko County Prosecutor's Office OR mail the signed agreement and fee on or before the due date. If your ticket is past due, but has not yet been sent to the BMV for failure to pay, then you will need prosecutor approval to participate in the Deferral program.

If you have a question that has not been addressed above, or you need prosecutor approval to participate in the program, you may call the prosecutor's office at (574) 372-2419. Have your ticket handy when you call.

  

PRE-TRIAL DIVERSION PROGRAM

 

 

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