The Prosecuting Attorney established an Infraction Deferral Program in order to allow persons who have committed traffic violations to maintain a point free driving record. Upon completion of the program, the ticket will be dismissed and you will avoid accumulating points on your driving record. The program is voluntary, but once you enter the program, you must successfully complete all of the terms of your agreement.

You have 30 days from the date when you received the ticket to either pay the ticket or book a court date. If you fail to do so, your license may be suspended by the Court.

You are NOT eligible for the Infraction Deferral Program if:

• You have a Commercial Drivers License (CDL)

• You are currently in a Deferral program in another County

• You have a conviction for another infraction within the past eighteen (18) months

• You have had a DUI conviction within the past five (5) years

• You have already participated in the program on two prior occasions

• You have been classified as a habitual traffic violator

• The driver was cited for any of the following infractions:

  • Failure to Yield to an Emergency Vehicle

  • Railroad Crossing Violations

  • Passing a School Bus

  • No Insurance

  • Driving while suspended, as an infraction

  • Work Zone Violations

Additional Things to Know:

• If you were speeding at 25 mph or more above the speed limit, then you may be required to complete a driver improvement course.

• Your driving history may require you to complete a driver improvement course or community service.

• If a signed agreement is not submitted to the Prosecuting Attorney in time to be received at least 7 days prior to the court date, then you must appear in Court on your court date or your license may be suspended by the Court.

Infraction Deferral Agreement Terms

• The State of Indiana will agree to defer prosecution and to dismiss this charge(s) 6 months from the Agreement date.

• The Defendant agrees to:

  • Pay a pre-determined established fee that will be set by the Infraction Deferral Coordinator.

  • Commit no traffic, ordinance, misdemeanor or felony violations for a period of six (6) months from the date of this Agreement.

  • Notify the Coordinator of the Infraction Deferral Program in writing within 7 days of any change in address.

  • Fully comply with any special conditions, such as community service, drug drops, etc. which are a part of your Agreement.

If you are interested in the Infraction Deferral Program

• You need to wait two (2) weeks and after you were issued the ticket and then call the St. Joseph County Clerk’s Office of Traffic Violations at (574) 256-6330 and ask the Clerk to set a court date.

• You need to complete and submit the Infraction Deferral Agreement Form. Submitting the Infraction Deferral Agreement Form does not guarantee your acceptance into the Infraction Deferral Program. After you submit the Form, your driving record and criminal history will be checked.

• You will be notified after your records are verified whether or not you have been accepted. If you have not been notified within 5 days of your Court date then you must be in Court on the date of your hearing.

If you fail to comply any of the terms of the Agreement the Prosecuting Attorney will set the case for trial and the Defendant – YOU - will forfeit all fees you have paid.

If there are any questions or concerns, please contact the Infraction Deferral Coordinator at (574) 245-6791  before you submit your signed Agreement.