Fort Wayne Traffic Violation Lawyers

Defense for Traffic Tickets in Indiana

While many individuals choose to simply pay their traffic fines, attend traffic school, and pay higher insurance premiums, you can fight a traffic violation ticket in Indiana. While it is easy to view a traffic violation as just a “minor infraction,” traffic tickets can have serious consequences. You can receive up to 8 points for a traffic violation and points remain on your driving record for two years. Missing a court date or paying a ticket late, can result in a citation for failure to appear (and the suspension of your driving privileges).

You may be required to complete a Driver Safety Program if you:

• Were convicted of two traffic offenses or more within 12 months.
• Are younger than 18 years old and were convicted of two traffic offenses or more (traffic accidents).

Call (888) 912-7220 for your free case review with our traffic ticket attorney in Fort Wayne today. 

Defense for Serious Traffic Charges in Indiana

In Indiana, major traffic offenses (that can result in the loss of your driver’s license for a year) include:

• Driving a commercial vehicle with a blood alcohol content level of .04% or higher.
• Failing to perform field sobriety or chemical tests.
• Fleeing an accident.
• Committing a felony while operating a vehicle.
• Driving a commercial vehicle without the proper driver’s license.
• Causing a death while operating a vehicle.
• Driving with a suspended license.
• Being a habitual traffic violator.

It is important to note that even less serious offenses can result in serious penalties and driver’s license suspension. These offenses can include driving over the speed limit by 15 miles per hour or more or driving in a reckless and negligent manner. Texting and driving, operating a commercial vehicle without having your commercial driver’s license on your person or without endorsement, and changing lines improperly can also be considered serious charges.

How the Point System Works in Indiana?

In Indiana, the point system is used to track violations on your driving record. When you are convicted of certain traffic violations, points are added to your record. Accumulating too many points can result in consequences such as license suspension, increased insurance rates, or other penalties. The Indiana Bureau of Motor Vehicles (BMV) is responsible for managing the point system, and they use it to evaluate drivers' behavior on the road.

Here’s a detailed breakdown of how the point system works in Indiana:

How Points Are Assigned?

Points are assigned based on the severity of the traffic violation. When you are convicted of a violation, the court will inform the BMV, and the appropriate points will be added to your driving record. Some of the most common traffic violations and their corresponding points include:

• Speeding: The points assigned depend on how much you exceed the posted speed limit. For example:
  • 1 to 15 mph over the speed limit: 2 points
  • 16 to 25 mph over the speed limit: 4 points
  • 26 to 35 mph over the speed limit: 6 points
  • 36 to 45 mph over the speed limit: 8 points
  • 46 mph or more over the speed limit: 10 points
• Reckless Driving: 6 points
• Driving Under the Influence (DUI): 8 points
• Failure to Yield: 4 points
• Running a Red Light: 4 points
• Driving Without Insurance: 8 points
• Driving with a Suspended License: 8 points
• Texting While Driving: 2 points
• Leaving the Scene of an Accident: 8 points

Point Accumulation and Consequences

In Indiana, the BMV monitors your points and can impose penalties based on the number of points you accumulate. Here’s a breakdown of how point accumulation works and the consequences of accumulating too many points:

• Less than 20 Points: No immediate action is taken by the BMV. However, your driving record will reflect the violations, and you may face higher insurance premiums.
• 20 to 24 Points: If you accumulate between 20 and 24 points on your driving record, the BMV will send you a warning letter. You are advised that if you accumulate 24 points or more, you could face a license suspension.
• 25 to 29 Points: If you accumulate between 25 and 29 points on your driving record, your driver’s license may be suspended for 30 days.
• 30 or More Points: Accumulating 30 points or more will result in a 60-day suspension of your driver’s license.

Working with a Fort Wayne traffic violation attorney can help you explore your options and develop a strategy to minimize the consequences of a traffic violation.

What are the Consequences of Traffic Violations in Indiana?

Traffic violations can have a range of consequences, some of which can have a lasting impact on your life. Some of the potential penalties for traffic violations in Indiana include:

• Fines: Almost every traffic violation carries a fine, and these fines can add up quickly depending on the number and severity of violations.
• Points on Your License: Points will be added to your driving record for most violations.
• License Suspension or Revocation: Serious violations, such as driving under the influence, driving without a license, or multiple traffic offenses, can result in a suspension or revocation of your driver’s license.
• Increased Insurance Premiums: Traffic violations, especially those involving speeding or accidents, can result in significantly higher car insurance premiums.
• Criminal Charges: Some violations, such as reckless driving or DUI, are considered criminal offenses and can result in criminal charges, which may include jail time and a permanent criminal record.
• Court-Ordered Driving Education: In certain situations, the court may require you to attend a defensive driving course or DUI education classes as part of your sentence.

How Do I Fight a Traffic Ticket in Indiana?

If you've received a traffic ticket in Indiana and believe it was issued in error or if you want to reduce the penalties, you have several options for fighting the ticket. Here’s a breakdown of the steps you can take to contest a traffic ticket:

• Review the Ticket: The first step in fighting a traffic ticket is to carefully review the citation. Check for any errors or inconsistencies in the details, such as the date, location, or vehicle information. If the ticket contains any mistakes, it may be grounds for dismissal.
• Understand the Violation: Make sure you understand the specific violation you're being charged with. Some offenses may be more easily contested than others. For example, if the ticket was issued for speeding, you might contest the accuracy of the radar or speed-measuring device used.
• Plead Not Guilty: If you wish to fight the ticket, you must enter a "not guilty" plea. In Indiana, you can usually do this by appearing in court or by submitting a written plea. You can also contact the court directly to find out if you need to make a personal appearance. Once you plead not guilty, a court date will be set.
• Gather Evidence: To challenge the ticket, you need to present evidence that supports your case. This could include witness statements, traffic camera or dashcam footage, speeding device calibration records and other documentation.
• Appear in Court: On the day of your court appearance, you can either represent yourself or have an attorney represent you. During the hearing, both you and the officer will have the opportunity to present your case. If you can show that you were not at fault or that the officer made a mistake, the judge may dismiss the ticket or reduce the penalties.
• Negotiate a Plea: If you decide not to go to trial, you might be able to negotiate a plea with the prosecutor. In some cases, you may be able to plead guilty to a lesser charge or negotiate a reduced fine or penalty.
• Hire a Traffic Ticket Lawyer: If the process feels overwhelming or if you face serious charges (such as DUI or reckless driving), hiring a Fort Wayne traffic violation lawyer can be beneficial. An experienced attorney can help you build a strong defense, navigate the court process, and work to minimize the consequences of the violation.

How Long Does a Ticket Stay on Your Record in Indiana?

In Indiana, the length of time a traffic ticket stays on your driving record depends on the severity of the violation and whether or not you are convicted. Here’s how it works:

Infractions (Minor Violations)

For minor violations, such as speeding tickets or running a red light, the violation typically remains on your driving record for two years from the date of the conviction. After this period, the ticket will no longer affect your driving record, and the points associated with the violation will be removed.

Criminal Offenses (Major Violations)

More serious violations, such as DUI, reckless driving, or driving with a suspended license, may remain on your record for a longer period. These offenses are typically considered criminal, and the conviction can stay on your record for a minimum of 5 years or longer, depending on the specific violation. Additionally, certain offenses may be eligible for expungement (removal from your record) after a set period, but you must apply for this through the court.

Arnold Terrill Ridenour, P.C., Is Prepared to Fight for You.

Whether you have received a ticket for reckless driving or failure to obey a stop signal, you can turn to our Fort Wayne traffic violations lawyers for aggressive legal defense. We are skilled at obtaining reductions and dismissals of traffic citations and can put our more than 75 years of combined legal experience to work for you.

For a free consultation with our traffic violation defense attorneys, call our office 
at (888) 912-7220 today!