State Diversion Option: New Idea in Indiana for Traffic Offenders?

Joe Mahr and Gerry Smith of the Chicago Tribune wrote yesterday morning that Illinois is now offering a diversion program for traffic tickets. A diversion program is basically a probation program for traffic offenders. If you are cited for speeding or some other traffic infraction, and you have a relatively clean record, you can come out of the ticket with a clean record. All you have to do is to admit to wrongdoing, pay a fine, and stay violation free for some stated period after receiving the ticket.

What the Tribune article gets wrong, however, is that Indiana has had just such a program for some time now. Indiana is somewhat more selective than what the new Illinois law purports to be, but it still exists. In fact, with some first-time traffic offenses, offenders will automatically receive a deferral notice in the mail. They can respond by sending the stated fees and costs, and the citation is never reported to the driver’s record.

The other difference between the Indiana and Illinois programs is that in Illinois, despite the nature of the offenses, any three (3) offenses within one (1) year constitute automatic grounds for suspension. Indiana utilizes a point system based on the severity of the offense, and after reaching a fixed number of points on the driver’s record, the driver’s license is automatically suspended for six (6) months.

Even absent receiving a deferral program option in the mail, you have the option to contact a lawyer. Unlike individual citizens, lawyers have the ability to negotiate with individual prosecutors in the various jurisdictions to get their clients onto pretrial diversion programs (“PDP’s”). The terms of the PDP are the same as the terms of the deferral program for all intents and purposes, and so long as you stay violation free for a stated period (usually six (6) months) the citation never appears on your driving record. Contact an attorney today if you would like to get this deal and avoid violations on your driving record and increased insurance premiums.