Infraction Deferral Print E-mail
General Information

The St. Joseph County Infraction Deferral Program has been established by the Prosecutor's Office and is designed to work with those persons charged with a traffic infraction. This program is for people who have had little or no criminal background and who are charged with committing various traffic infractions. If you are offered and accepted into the Infraction Deferral Program, your case will be dismissed after a period of one year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled.

Benefits of the Infraction Deferral Program include:
  • No points against your driving record, therefore, no increase in insurance rates
  • Dismissal of the charge upon completion of the program

Eligibility

Generally speaking, the defendant must not have a previous criminal background and must currently be charged with committing a traffic infraction. Eligibility for the program is determined by the deputy prosecutor assigned to the case. Eligibility is also determined on a case-by-case basis. Not all people charged with the same crime may be found eligible for the program. All previous charges, arrests, diversions and convictions must be reported to the deputy prosecutor assigned to the case. Failure to do so will result in the case being ineligible or being immediately terminated from deferral.

Traffic infractions may be considered for the Infraction Deferral Program. However, a person will not be considered for deferral if he or she:
  • Is a habitual traffic violator
  • Has a Commercial Driver's License (CDL)
  • Has received a DUI in this last five years
  • Has a conviction for a traffic infraction within the past 18 months
  • Received the ticket as a result of passing a school bus
  • Failed to yield to an emergency vehicle
  • Committed a railroad crossing violation
  • Has received a ticket for driving without insurance
  • Was speeding at an alleged rate greater than 25mph
  • Was involved in an accident resulting in property damage

How do I find out if I am eligible?

If you wish to find out if you are eligible for the Infraction Deferral Program, you may contact the Infraction Deferral Coordinator by calling the Prosecutor's Office at 574.235.9544 and ask to speak with the Infraction Deferral Coordinator. You should have the following information when you call about the program:

  • Name
  • Date of birth
  • Drivers license number
  • Ticket or citation number, or offense
You may also complete the Deferral Contact form and submit it to the Deferral Coordinator.

General Conditions of Deferral

Generally, all traffic infractions that are deferred will be pending for one year. During that time, the defendant may be required to:

  • There will be a pre-determined, established fee that will be set by the Infraction Deferral Coordinator.
  • Agree to commit no traffic, ordinance, or misdemeanor violations for a period of twelve (12) months from the date of the Agreement.
  • Agree to complete any special conditions of the Agreement, which may include completing a Defensive Driving Course, showing proof of a valid Driver's License before a certain date, completing Community Service, showing proof of insurance before a certain date, or other conditions as deemed appropriate by the deputy prosecutor.
  • Agree to truthfully answer all reasonable inquiries posted by the St. Joseph County Infraction Deferral Coordinator or agent.
  • Agree to report any contact with law enforcement within 24 hours.
  • Report any change of address or telephone number within 7 days.
  • Acknowledge that failure to comply with the terms and requirements of this Agreement will result in the Prosecuting Attorney proceeding with this matter. Failure to comply will also result in forfeiture of any payment made to the St. Joseph County Infraction Deferral Program.
Acknowledge that by signing the Agreement that the Defendant is admitting the truthfulness of the charges against him/her and is acknowledging that such admission may be used against him/her if there is a resumption of the prosecution of these charges by reason of termination from the Infraction Deferral Program.

Payment Options

Infraction Deferral fees may be paid by money order or cashiers check, made payable to the St. Joseph County Clerk. Cash will be accepted only when the payment is made in person at the clerk's office in the 1855 Courthouse at the address listed below. The clerk will not accept personal checks or business checks. The fees may be mailed or delivered in person to:

St. Joseph County Courthouse
112 South Lafayette Boulevard, Window #208
South Bend , Indiana 46601

Fees also may be paid by credit card by calling GPS, Inc. at 888.604.7888 Toll Free 24 Hours. A 5% service fee will be added to the amount of fees paid.