Indiana Traffic Violations

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Table of Contents

Traffic violations are offenses committed while operating a motor vehicle. In Indiana, driving offenses range from civil infractions (tickets for speeding) to misdemeanors (reckless driving, driving with a suspended license). It also encompasses felonies, which may involve severe harm (including certain OWI cases causing injury or death).

An understanding of the system matters, as points may accumulate on a person’s driving record and lead to license suspensions, fines, higher insurance premiums, and possible jail time.

What Is Considered a Traffic Violation in Indiana?

Indiana’s rules of the road and licensing requirements (Title 9) define what traffic misconduct is. Common traffic offenses, including speeding, disobeying a sign, or minor equipment faults, are handled as infractions.

Dangerous conduct is criminalized, and this may involve reckless driving and operating a vehicle while intoxicated (OWI). The latter is considered illegal when a driver’s blood content or breath is impaired with alcohol at 0.08% or higher.

This is an offense with escalating penalties and enhanced punishments based on severity that involves high BAC levels, injury, or death. In addition, Indiana law imposes additional penalties for leaving the scene of an accident.

Types of Traffic Violations in Indiana

Indiana classifies the following infractions as moving violations:

  • Speeding: In Indiana, a point-based approach is used to determine how much over the speed limit a person is driving. The BMV driving manual lists a speed limit between 1 and 15 mph and above as accruing 2 points, 16 to 25 as 4 points, and 6 points for 26 mph and above.
  • Running a red light or stop sign and failure to yield:These are common moving violations governed by Indiana traffic laws.
  • Driving without a license or while suspended: These are chargeable offenses and carry 8 points on a BMV record. In addition, individuals may face court appearances and jail time depending on the severity of the offense.
  • Driving without insurance (financial responsibility). Indiana law requires a minimum liability coverage of 25/50/25. A violation may result in suspensions and filing an SR-22 to reinstate driving privileges may be required.
  • Reckless driving: This is defined by statute as driving in a way that endangers others. Penalties increase where property damage, injury, or passing a stopped school bus is involved.
  • Hit-and-run or leaving the scene. Drivers are required to stop at the scene of an accident and exchange information. Also, in designated circumstances, they are required to move the vehicle off the road. Failure to comply may result in felony charges.
  • Distracted driving (hands-free law). Indiana prohibits holding a telecommunications device while driving, although hands-free use is permitted and exceptions apply during emergencies. The BMV manual assigns 4 points to drivers who violate the law and use phones while driving.

Traffic Violation Penalties in Indiana

Indiana assigns 0 to 10 points to each moving violation, depending on the severity of the case, and points remain valid for two years from the date of conviction. The Bureau of Motor Vehicles (BMV) may require a Driver Safety Program (DSP) if you accrue multiple violations in a short period. Any driver may voluntarily take a BMV-approved DSP once every three years to gain a four-point credit, or courts may mandate DSP as part of sentencing.

Moreover, these credits reduce your points total but do not erase the conviction. Failure to complete a required DSP within 90 days results in a license suspension until completion is processed.

The following represent illustrative point values from Indiana's BMV manual and their significance on a driving record:

  • Unsafe lane movement: A maximum of 4 points is assigned to this offense.
  • Disregarding a stop or yield sign: A total of 4 points is assigned.
  • Failure to yield to an emergency vehicle: Persons who are found guilty of this offense accrue 6 points on their driving record.
  • Following too closely: This offense carries a total of 6 points.
  • Driving while suspended and speed contests each carry 8 points on a driving record.

Fines, jail exposure, and special regimes

  • Reckless driving: According to Ind. Code § 9-21-8-52, this misdemeanor carries penalties that increase when property damage or bodily injury is involved. In addition, a court may impose a license suspension.
  • Operating While Intoxicated: Per Ind. Code ch. 9-30-5, it is illegal to drive while impaired, especially with a blood alcohol concentration of 0.08%. Enhanced penalties apply for high BAC, serious bodily injury, or death. Furthermore, serious cases attract felony charges and separate BMV actions.
  • No insurance or proof of financial responsibility: This type of violation may lead to the suspension of driving privileges by the Bureau of Motor Vehicles and SR-22 insurance requirements. The BMV also issues no-insurance suspensions (effective from December 31, 2021).

Therefore, if a driver files an SR-22 with the BMV, the suspension may be paused. On the other hand, if you continuously maintain SR-22 coverage for 180 days, the suspension may be terminated.

  • Hands-free device ban: By statute, it is illegal to hold a phone while driving, and violators may be fined. Also, points are assigned to your driving record by the BMV.

Indiana’s Habitual Traffic Violator (HTV) law penalizes drivers who repeatedly commit serious traffic offenses. It imposes a 10-year suspension for three or more serious crimes and lifetime suspensions for specified combinations of major offenses within a 10-year period (these include reckless homicides and OWI resulting in death). The driver manual provides a summary of the HTV categories, which operate separately from the regular point system. It also focuses on patterns of major violations over time.

It is common practice for insurance companies to review several years of an individual's driving records. They look out for point-bearing convictions and suspensions, which prompt insurers to raise rates or limit insurance coverage (insurer practices also vary).

How to Search for Traffic Violation Records in Indiana

The following are how the public may obtain information relating to traffic violations in Indiana:

  1. Court ticket/case (MyCase): Interested persons may use the Indiana Judicial Branch’s MyCase public portal to locate records of infractions and misdemeanors in Indiana. They may find records decided in the District, Superior, City, or Town court using a name, citation, or case number.
  2. The MyCase portal lists the charging statute, hearings, disposition, and the financial obligations that are required of an offender. Many counties maintain links on the portal where individuals may make payments for infractions. Regular and certified copies of records may be obtained from the clerk of the court where the case was heard.

  3. Your BMV driving record (VDR/ODR): The BMV provides a Viewable Driver Record (VDR) free of charge, which is an online version of your driving record. Also, a certified copy of an Official Driver Record (ODR), which may be used for a formal purpose, is obtainable for $4. The ODR may be purchased online (printable for up to 30 days) or requested by mail using the BMV’s certified-records process. Records contain the convictions, points, suspension, and reinstatement actions.

The public may find the following information on a driving history record in Indiana:

  • BMV record: It contains personal identifiers, license status, conviction dates, point values, DSP credits, suspensions, reinstatements, and, where applicable, SR-22 requirements.
  • Court docket: Anyone may find the charge(s) filed, hearings, disposition (admission, dismissal, and conviction), and imposed fines via electronic access to court dockets. Interested persons may visit the clerk of court to obtain certified copies.

How Long Do Traffic Violations Stay on Record in Indiana?

In Indiana, two timelines influence how long a traffic violation stays on your record and insurance risk profile:

  • Points window (BMV): Points from a moving-violation conviction remain active for two years from the date of conviction. Attending a BMV-approved DSP once every three years provides a 4-point credit.
  • Your ODR is the BMV’s official transcript and lists the convictions and BMV actions on your driving record. The HTV law evaluates 10-year windows for specified major offenses, and combinations of certain offenses may result in a lifetime license suspension. Furthermore, the expungement or sealing of records follows statutory rules as outlined in I.C. 35-38-9. Nevertheless, these judicial remedies do not erase BMV administrative histories unless authorized by law.