Indiana Code 9-30-3-8. Failure to appear or answer; issuance of warrant; failure to execute; notification of bureau; suspension of driving privileges; nonresidents
(1) fails to appear or answer a traffic information and summons for a misdemeanor or felony; or
Terms Used In Indiana Code 9-30-3-8
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- court: means a tribunal with jurisdiction to hear and determine traffic violation cases and the judge or other presiding officer sitting as a court. See Indiana Code 9-30-3-2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Summons: Another word for subpoena used by the criminal justice system.
If the warrant is not executed within thirty (30) days after issue, the court shall promptly forward the court copy of the traffic information and summons or complaint and summons to the bureau indicating that the defendant failed to appear in court as ordered. The court shall then mark the case as failure to appear on the court’s records.
(b) If a defendant who is not an Indiana resident or a minor who is an Indiana resident fails to appear or answer a traffic summons served upon the defendant or minor and upon which the information or complaint has been filed thirty (30) days after the return date of the information and summons or complaint and summons, the court shall promptly forward the court copy of the traffic information and summons or complaint and summons to the bureau. If the defendant is a nonresident, the bureau shall notify the motor vehicle commission of the state of the nonresident defendant of the defendant’s failure to appear and also of any action taken by the bureau relative to the Indiana driving privileges of the defendant. If the defendant or minor fails to appear or otherwise answer within thirty (30) days, the court shall mark the case as failure to appear on the court’s records.
(c) The court may suspend the driving privileges of a defendant who fails to satisfy a judgment entered against the defendant for:
(1) commission of a moving traffic offense as defined by IC 9-13-2-110; or
(2) commission of a traffic infraction listed in 140 IAC 1-4.5-10;
for a period of three (3) years from the date set by the court under IC 34-28-5-6. The court shall forward notice to the bureau indicating that the defendant failed to pay as ordered.
(d) If the bureau receives a copy of the traffic information and summons or complaint under subsection (a) or a notice of failure to pay under subsection (c), either on a form prescribed by the bureau or in an electronic format prescribed by the office of judicial administration, the bureau shall suspend the driving privileges of the defendant until:
(1) the defendant appears in court;
(2) the case has been disposed of;
(3) payment is received by the court; or
(4) three (3) years from a date set by the court under subsection (c).
The order of suspension may be served upon the defendant by mailing the order by first class mail to the defendant at the last address shown for the defendant or minor in the records of the bureau. A suspension under this section begins thirty (30) days after the date the notice of suspension is mailed by the bureau to the defendant.
(e) For nonresidents of Indiana or a minor resident of Indiana under subsection (b), the order of suspension shall be mailed to the defendant or minor at the address given to the arresting officer or the clerk of court by the defendant or minor as shown by the traffic information or complaint. A copy of the order shall also be sent to the motor vehicle bureau of the state of the nonresident defendant and the bureau. If:
(1) the defendant’s or minor’s failure to appear in court has been certified to the bureau under this chapter; and
(2) the defendant or minor subsequently appears in court to answer the charges against the defendant or minor;
the court shall proceed to hear and determine the case in the same manner as other cases pending in the court. Upon final determination of the case, the court shall notify the bureau of the determination either in an electronic format or upon forms prescribed by the bureau. The notification shall be made by the court within ten (10) days after the final determination of the case, and information from the original copy of the traffic information and summons or complaint and summons must accompany the notification.
(f) If the bureau receives notice that a defendant or minor failed to appear under subsection (b), the bureau shall suspend the defendant’s or minor’s Indiana driving privileges until either:
(1) the defendant or minor appears in court to answer for the charges against the defendant or minor; or
(2) the case is disposed of.
(g) This section does not preclude preliminary proceedings under IC 35-33.
[Pre-1991 Recodification Citation: 9-4-7-6.]
As added by P.L.2-1991, SEC.18. Amended by P.L.184-2007, SEC.60; P.L.206-2007, SEC.8; P.L.125-2012, SEC.324; P.L.85-2013, SEC.82; P.L.161-2018, SEC.19; P.L.86-2021, SEC.13; P.L.211-2023, SEC.72.