The speeding ticket is the way that most people come in to touch with the legal system.  Whether or not they choose to pay the ticket or set a court date to see what sort of options they may have, your ticket is part of the legal system.  So what are your options when you get cited for speeding?

First thing to remember is that your speeding ticket is an infraction.  What is an infraction?  It is a civil penalty.  This is not a criminal offense.  Of course you cannot simply ignore it because it will lead to the possible suspension of your driver’s license if you choose not to pay the offense or take some other action to get the offense resolved.  The criminal aspect only comes in if you are caught driving while your license is suspended (and that only happens after you have been previously caught driving while suspended).

Paying the Traffic Ticket

So with that being said, your first option is that you can simply call the Clerk of the Court and ask how much the ticket will be.  The cost associated with the actual incident is pretty small, but you will have to pay court costs as part of the offense which is $115.50 in St. Joseph County, Indiana.  Additionally, you will likely face higher insurance costs as well.

Setting the Traffic Ticket for a Court Date

You can ask to set the matter for a court date to try to explain the situation to the prosecutor’s office to see what they may be willing to do in terms of a plea bargain (this is what most attorneys will do, if not seek an outright dismissal of the infraction).  This just means that they may be willing to exchange your moving violation for a non-moving violation.  While the fine may be the same (and possibly a little bit more), you will be saved the worry of having points added to your license and also having your insurance company see a speeding ticket on your record.

In St. Joseph County, Indiana this has to be done within 30 to 40 days of receiving your ticket (the ticket will tell you how long you have to call and set a court date).  You will need to go downtown to deal with the ticket in traffic court.  Depending on when you arrive it could take you a couple of hours to complete the process.

One option that the Prosecutor’s Office may offer is Infraction Deferral.  This program will cost more than just paying the ticket, but if you complete the requirements of the program the ticket will be removed from your driving record completely.

Setting the Traffic Ticket for Trial

The last option is that you can ask for a trial.  This can be either a bench trial or a jury trial.  While some people do attempt to do this, you have to balance the time demands that this will place on you for something that you can easily handle in another fashion.  You also run the risk of being found guilty of the original infraction, meaning that you spent several court hearings and a trial trying to convince a judge or a jury that you did not commit the infraction, only to have to still pay the ticket.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, child support, paternity, and child custody, traffic offenses, and license suspensions; and financial matters such as Estate Planning and Foreclosure. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so.  DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.