Misdemeanor offenders not appearing before court immediately;
release from custody; written promise to appear; security deposit;
contents of security agreement and written promise; nonresident
requirements; refusal of security deposit
Sec. 5. (a) If a person who is an Indiana resident:
(1) is arrested for a misdemeanor regulating the use and
operation of motor vehicles, other than the misdemeanor of
operating a vehicle while intoxicated; and
(2) is not immediately taken to court as provided in section 4 of
this chapter;
the person shall be released from custody by the arresting officer
upon signing a written promise to appear in the proper court at a time
and date indicated on the promise. The resident shall be given a copy
of the promise.
(b) Except as provided in IC 9-28-1 and IC 9-28-2, if a person
who is not an Indiana resident is arrested for a violation of a traffic
ordinance or a statute punishable as an infraction or a misdemeanor
that regulates the use and operation of a motor vehicle and is not
immediately taken to court as provided in section 4 of this chapter,
the person shall be released upon the deposit of a security. The
security shall be:
(1) the amount of the fine and costs for the violation in the form
of cash, a money order, or a traveler's check made payable to
the clerk of the court; or
(2) a valid motor club card of a motor club that, by written plan
approved by the secretary of state as provided in section 8 of
this chapter, guarantees the nonresident's deposit in the amount
of the fine and costs.
The proper court shall provide a list of security deposits, which must
be equal to the fine and costs for the violation, and a security deposit
agreement that acts as a receipt for the deposit. A nonresident who
does not choose to deposit a security shall be taken to the proper
court.
(c) The agreement for the security deposit and the written promise
or notice to appear in court must contain the following:
(1) A citation of the violation.
(2) The name and address of the person accused of committing
the violation.
(3) The number of the person's license to operate a motor
vehicle.
(4) The registration number of the person's vehicle, if any.
(5) The time and place the person must appear in court.
If the violation is a misdemeanor, the time specified for appearance
must be at least five (5) days after the arrest unless the arrested
person demands an earlier hearing. The place specified for
appearance must be in the proper court within the county where the
person was arrested or given a notice to appear in the case of an
infraction or ordinance. The nonresident shall be properly informed
of the consequences of a guilty plea or an agreed judgment. The
agreement for the security must also contain a provision in which the
nonresident agrees that the court shall take permanent possession of
the deposit, and if the nonresident fails to appear in court or is not
represented in court, a guilty plea or an offer of judgment shall be
entered on the court's record on behalf of the nonresident. Upon
proper appearance or representation, the security shall be returned to
the nonresident.
(d) A nonresident licensed by a jurisdiction that has entered into
an agreement with Indiana under IC 9-28-2 may deposit the
nonresident's license to operate a motor vehicle with the law
enforcement officer as security for release. A nonresident shall, by
the date required on the security deposit agreement, do one (1) of the
following:
(1) Appear in court.
(2) Be represented in court.
(3) Deliver to the court by mail or courier the amount of the fine
and costs prescribed for the violation.
The license to operate a motor vehicle shall be returned to the
nonresident upon payment of the fine and costs and entry of a guilty
plea or upon other judgment of the court. Until a judgment has been
entered upon the court's records, the nonresident's copy of the
security deposit agreement acts as a temporary license to operate a
motor vehicle. Upon failure to appear or to be represented, the
nonresident's license to operate a motor vehicle and a copy of the
judgment shall be sent by the court to the bureau, which shall notify
the appropriate agency in accordance with IC 9-30-3-8.
(e) A nonresident who requests to deposit a security in the amount
of the fine and costs shall be accompanied to the nearest United
States mail receptacle and instructed by the law enforcement officer
to place:
(1) the amount of the fine and costs; and
(2) one (1) signed copy of the security deposit agreement;
into a stamped, addressed envelope, which the proper court shall
supply to the officer for the nonresident. The officer shall observe
this transaction and shall observe the nonresident deposit the
envelope in the mail receptacle. The nonresident shall then be
released and given a copy of the security deposit agreement. If the
nonresident does not appear in court or is not represented in court at
the time and date specified on the receipt, a guilty plea or judgment
against the nonresident shall be entered and the security deposit shall
be used to satisfy the amount of the fine and costs prescribed for the
violation.
(f) A nonresident motorist may deposit with the law enforcement
officer a valid motor club card as a guarantee of security if the motor
club or its affiliated clubs have a written plan approved by the
secretary of state that guarantees the payment of the security in the
amount of the fine and costs if the motorist:
(1) does not appear in court; or
(2) is not represented in court on the date and time specified in
the security agreement.
(g) The recipient court may refuse acceptance of a security
deposit agreement for a second moving traffic charge within a twelve
(12) month period. The court may send notice requiring a personal
court appearance on a date specified. Upon failure to appear the
court shall take the appropriate action as described in this section.
As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.2.
Last modified: May 27, 2006