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Traffic Attorney Services

  • Driving With No Insurance Under Indiana Law, if you are caught driving without proof of financial responsibility you may be required to appear in court. Read your ticket very carefully to determine when and where your court date will be. Did you know that before or during the time of your ticket the the state requires you to cary a minimum of $25,000 for bodily injury for one individual; $50,000 for bodily injury to, or death of, two or more people in any one accident; and, $10,000 for property damages in any one accident. This is commonly referred to as 25/50/10 liability insurance. If you are not sure whether or not you have this kind of coverage contact your insurance representative immediately. Call us if you didn't have Insurance during the ticket and violation. Indiana law requires the BMV to impose driving privilege suspensions and financial penalties on motorists that are found to have operated a vehicle in Indiana without proof of minimum insurance liability. Financial penalties include reinstatement fees and suspensions can range from 90 days to one year. If you have a driving while suspended notification read below.
    Common Point Values
    Driving Without Proof of Insurance Fees Suspension
  • Driving while suspended Under Indiana Law, if you are caught driving and your license is suspended, you may face criminal and/or civil charges. After being pulled over for a violation, the police officer will run your driving record to make sure that you are legal to drive. If you are suspended, then the officer may charge you with driving while suspended. In the event your license is suspended, then our office can run your driving record, spot the reason you are suspended and clear up your driver’s license issue AND KEEP YOU LEGAL ON THE ROAD.
    Common Point Values
    Driving While Suspended 8 Pnts
  • Speeding If you are caught for speeding in Indiana you should not pay that ticket without consulting an attorney. In Indiana, an accumulation of an excessive number of points may suspend your license. Further the speed of the vehicle is also used in determining the amount of points that may be assessed against you. Here is a list of the common point values for:
    Common Point Values
    1-15 over limit 2 pnts
    16-25 over limit 4 pnts
    26+ over limit 6 pnts
  • Driving While Intoxicated
    This is not a game. You need to contact Traffic911 immediately so we can start working on your behalf. Operating a vehicle while intoxicated or with a blood alcohol content in excess of the legal limit is a criminal offense and has an immediate and significant effect on your privilege to operate a vehicle. If a law enforcement officer has probable cause to believe that a motorist committed an offense under IC 9-30-5, IC 9-30-6, IC 9-30-9, or IC 9-30-15, the officer may ask the motorist to submit to a chemical test to determine the amount of alcohol in the person’s system. A motorist for whom a judge has found probable cause to exist while he or she was operating a vehicle and while intoxicated may face a suspension of driving privileges.
    Common Point Values
    Driving While Intoxicated 8 Pnts
  • Parking where prohibited Although this may seem like a minor offense, if one does not pay this ticket, then it could lead to a suspended license. If you have excessive amount of unpaid tickets that are suspending your license, then we may be able to clear up this issue.
  • Failure to yield to emergency vehicles Some courts are very serious when it comes to protecting first responders that are attempting to arrive at an accident or criminal scene. In Indiana:
    Common Point Values
    Fail to yield to an emergency vehicle8 pnts
  • Following too closely Although we attempt to avoid tailgating or rear-end automobile accidents; it is just that accidents. In Indiana, deferrals are not typically offered in these types of cases. Usually, there may be negotiation with the prosecutor as to whether you were covered by liability automobile insurance at the time of the accident. We can negotiate with the prosecuting attorney to reduce this ticket.
    Common Point Values
    Following Too Close6 pnts
  • Driving Down A One Way One Way driving is usually indicated by a sign with an arrow pointing the appropriate direction of travel for that street. Occasionally, by driver error or a sign that is not visible, a driver will travel the wrong direction on a one way street. This is an illegal traffic violation. At times, police officers will honk the horn or otherwise give you a warning that you are headed the wrong way. Other times, you may receive a ticket.

    Fines and Penalties

    Fines are generally in the area of $100-$120. However, the fines can be disputed if the sign was not visible or there was another logical reason for traveling the wrong way down a one way street. These fines could be increasingly inflated should there be other offenses involved such as intoxication. Assuming there is one charge, and that is driving the wrong way down a one way roadway, the above penalties are the norm. Points and Impact on Driving Record/License.
    Common Point Values
    Driving Down A One Way2 pnts
    involved.

FAQ Regarding

SUSPENSION, REINSTATEMENT AND INSURANCE FORMS

Source Document (LINK)

Under Indiana law, courts can order the BMV to suspend an individual’s driving privileges. State law also requires the BMV to suspend a person’s driving privileges for certain violations – including failure to provide proof of financial responsibility (insurance). To reinstate a person’s driving privileges, a driver may be required to submit one or more of the following forms.

Certificate of Compliance (COC)

This form is used to verify financial responsibility for a specific incident dated in the past and for a specific vehicle (year and make). This form can be used to show proof of financial responsibility for accidents or citations. The form must be electronically submitted to the BMV by the driver’s or vehicle owner’s insurance provider.

Affidavit – Proof of Financial Responsibility for Employer or Rental Vehicle

State Form 55434 is used to relieve drivers of company-owned or rental vehicles from the BMV’s requirement for proof of financial responsibility when they were operating a company-owned or rental vehicle during the course of their employment or rental term. This form is to be completed by an administrator of the employer or rental company that manages the company’s automotive insurance policies. Use of this form by drivers not operating a rental or company vehicle is considered fraudulent and may result in suspension of driving privileges.

SR-22 Proof of Future Financial Responsibility

The SR22 form confirms future financial responsibility for a driver whose driving privileges have been suspended due to failing to provide proof of financial responsibility to the BMV, operating a motor vehicle without financial responsibility, or for probationary, conditional, or specialized driving privileges, or for certain convictions which require the driver to maintain proof of future financial responsibility with the BMV for a three (3) or five (5) year period. A valid SR22 form must remain on file with the BMV for the duration of the required period. The SR22 will also be accepted as current proof of financial responsibility when an SR50 is needed for the reinstatement of driving privileges. The form must be electronically submitted to the BMV by the driver’s insurance provider.

SR-26 Cancellation of Proof of Future Financial Responsibility

The SR26 form is used by insurance providers to notify the BMV that a policy reported on an SR22 form has been canceled. This document must be electronically submitted by the insurance provider to the BMV.

SR-50 Affidavit of Current Insurance

The Affidavit of Current Insurance (SR50) provides proof of current insurance to the BMV. The form indicates the beginning and ending dates of the current policy. An SR22 will also suffice for proof of current insurance. This document must be electronically submitted by an insurance provider to the BMV.

Reinstatement Fee Submission Form

When a driver is eligible for reinstatement of driving privileges, the BMV will send the driver a Reinstatement Requirements Notice to notify the driver of the necessary requirements the customer must satisfy before driving privileges can be reinstated, including outlining how to pay reinstatement fees online, by phone, or mail using the form that is attached to the notice. If you did not receive your notice in the mail or you lost the Reinstatement Requirements Notice, you may choose to submit the Reinstatement Fee Submission form to pay your reinstatement fee by mail if you are unable to locate the notice(s) sent from the BMV.

Official Court Actions

The following forms are used by the courts to communicate official actions of the court.

SR-16 Certification of Indiana Abstract of Court Record

This form is used by courts to notify the BMV that a driver has been convicted of a citation, failed to appear for a citation, or failed to pay a citation for violating a motor vehicle law. This form also notifies the BMV when matters have been dismissed or orders have been vacated. Drivers may not submit SR-16 forms at license branches. SR16 forms may only be submitted by a court directly to the BMV.

SR-33 Court Report of Judgment

The SR33 is a form used to notify the BMV of a judgment against the owner or operator of a motor vehicle who has failed to pay for damages arising from an accident. The form reports the amount of the judgment as well as the date the judgment was rendered.

Still have questions? Contact Traffic911

PROOF OF FINANCIAL RESPONSIBILITY

Source Document (LINK)

All motorists that operate a motor vehicle on Indiana roadways are required to maintain the state’s minimum amount of liability insurance coverage for the vehicle they operate. The state of Indiana has a 25/50/25 minimum liability insurance requirement. This required minimum coverage includes $25,000 for bodily injury to or the death of one (1) individual, $50,000 for bodily injury to or the death of two (2) or more individuals in any one (1) accident, and $25,000 for damage to or the destruction of property in one (1) accident.

The Bureau of Motor Vehicles (BMV) is required to verify that all motorists have the minimum liability insurance coverage in effect whenever a vehicle operator is involved in:

  • An auto accident for which the BMV receives an accident report.
  • A pointable moving violation within one (1) year of receiving two (2) other pointable moving violations.
  • A serious traffic violation, such as a misdemeanor or felony.
  • Any pointable violation by a driver who was previously suspended for failing to provide proof of financial responsibility.

Drivers are not relieved of the requirement to provide proof of financial responsibility following a conviction, even if the conviction is ordered expunged, vacated, or otherwise removed, from the record. In addition to the scenarios outlined above, the BMV may request proof of financial responsibility at any time.

If any of the preceding situations occur, a request for financial responsibility verification will be sent to your mailing address on file with the Indiana BMV.

You must then arrange for your insurance provider to file a Certificate of Compliance (COC) electronically with the Indiana BMV. The COC will demonstrate that the vehicle you were operating at the time of the incident or accident was insured to the state’s minimum motor vehicle liability protection. The COC must be received and processed by the BMV within forty (40) days of the BMV’s mailing of a request for financial responsibility verification or your driving privileges will be suspended. Once your driving privileges are suspended, you may have the suspension removed from your driver record by having your insurance provider electronically provide the COC covering the date of the incident or accident and the vehicle involved.

If your driving privileges are suspended upon conviction of certain court-related offenses, or for insurance violations, Indiana law may require you to hold SR22 insurance. Your insurance provider must electronically file proof of future financial responsibility with a SR22 form for you to be reinstated. The SR22 requirement, along with any reinstatement fees, must be satisfied before your driving privileges will be reinstated.

The SR22 form demonstrates that you have a motor vehicle insurance policy that meets the state’s minimum standards, and it cannot be cancelled without prior notice given to the Indiana BMV. When you have a SR22 requirement, you must maintain an effective SR22 policy on file with the Indiana BMV for three (3) years as a result of your first and/or second no-insurance suspension; or five (5) years as a result of your third and subsequent no-insurance suspensions. If the Indiana BMV receives an SR26 (cancellation of SR22 insurance) notice from your insurance provider, or the BMV does not have an effective SR22 on file at any time during the three (3) or five (5) year period, your driving privileges will be suspended until the Indiana BMV receives an effective SR22 policy that shows coverage is in effect, or the SR22 requirement period expires.

Self-Insurance

The self-insurance administrator at companies/organizations, with a current BMV-issued Certificate of Self-Insurance, must utilize the EIFS program to submit appropriate proof of financial responsibility.

Still have questions? Contact Traffic911

COMMON POINT VAUES

Source Document (LINK)

Common Point Values
 1 – 15 mph over the speed limit  2 pnts
 16 – 25 mph over the speed limit  4 pnts
 26+ mph over the speed limit  6 pnts
 Failure to use headlights  2 pnts
 No brake or signal lights  2 pnts
 Disregard stop/yield sign  6 pnts
 Fail to yield to emergency vehicle  8 pnts
 Improper U-turn  4 pnts
 Following too closely  6 pnts
 Unsafe lane movement  4 pnts
 Failure to yield  6 pnts
 Speed contest on road  8 pnts
 Improper motorcycle headgear  4 pnts
 Improper motorcycle passenger  4 pnts
 Driving while suspended  8 pnts

Still have questions? Contact Traffic911

DUI, OWI

Source Document: Indiana (LINK)

Operating A Vehicle While Intoxicated

Operating a vehicle while intoxicated or with a blood alcohol content in excess of the legal limit is a criminal offense and has an immediate and significant effect on your privilege to operate a vehicle. If a law enforcement officer has probable cause to believe that a motorist committed an offense under IC 9-30-5, IC 9-30-6, IC 9-30-9, or IC 9-30-15, the officer may ask the motorist to submit to a chemical test to determine the amount of alcohol in the person’s system. A motorist for whom a judge has found probable cause to exist while he or she was operating a vehicle and while intoxicated may face a suspension of driving privileges.

  • A motorist who fails a chemical test may have his or her driving privileges suspended for up to 180 days
  • A motorist who refuses to submit to a chemical test will face a suspension of driving privileges for up to two years

In addition to a probable cause suspension, a court may suspend a person’s driving privileges following a conviction for operating while intoxicated. The suspension periods may be longer for repeat offenders. Penalties for this offense may include conditions placed on your driving privileges.

If the motorist is eligible, the court may issue an order for specialized driving privileges. The court may also require the installation of an ignition interlock device, which mechanically tests the driver’s blood alcohol level before his or her car can be started.

A person who has been granted specialized driving privileges by a court shall:

  • Maintain an effective SR22 on file with the BMV for the duration of specialized driving privileges;
  • Carry a copy of the court order granting specialized driving privileges or have the order in the vehicle being operated by the person;
  • Produce the copy of the order granting specialized driving privileges upon the request of law enforcement
  • Carry a validly issued credential with them during the operation of any motor vehicle

What are the penalties for a OWI/DUI in Indiana?

1st
Offense

2nd
Offense

3rd
Offense

Jail

60 days to 1 year

5 days up to 3
years

10 days up to 3 years

Fines and Penalties

$500 to $5,000

$10,000

Up to $10,000

License Suspension

Up to 2 years

Min. 180 days up
to 2 years

Min. 1 year up to 10 years

IID** Required

No

No

Yes

When a driver who is younger than 18 years of age is cited for operating a vehicle while intoxicated, the Juvenile Court may recommend a suspension of his or her driving privileges.

Still have questions? Contact Traffic911

Traffic Ticket Submission

7 Reasons to use Traffic 911

  • Typically no court apperance
  • Typically no points on your license
  • Remove license suspensions
  • Reduce reinstatment fees
  • Save time and money
  • Restore your license
  • Get back to work
  • Name as it appears on the Traffic Ticket or Moving Violation
  • Also your ticket number or the number
  • Address as it appears on the Traffic Ticket or Moving Violation. If the address on the ticket is incorrect please comment below.

Andrew M. Yoder Law Offices