Failure to appear or answer; issuance of warrant; failure to
execute; notification of bureau; suspension of driving privileges;
nonresidents
Sec. 8. (a) The court may issue a warrant for the arrest of a
defendant who is an Indiana resident and who fails to appear or
answer a traffic information and summons or a complaint and
summons served upon the defendant. 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 fails to appear or
answer a traffic summons served upon the defendant 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. 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 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) If the bureau receives a copy of the traffic information and
summons or complaint and summons for failure to appear in court,
the bureau shall suspend the driving privileges of the defendant until
the defendant appears in court and the case has been disposed of. 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 in the records of the bureau. The order takes effect on
the date the order is mailed.
(d) For nonresidents of Indiana, the order of suspension shall be
mailed to the defendant at the address given to the arresting officer
by the defendant as shown by the traffic information or complaint.
The order takes effect on the date of mailing. A copy of the order
shall also be sent to the motor vehicle bureau of the state of the
nonresident defendant. If:
(1) the defendant's failure to appear in court has been certified
to the bureau under this chapter; and
(2) the defendant subsequently appears in court to answer the
charges against the defendant;
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
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 the original copy of the traffic information and summons
or complaint and summons must accompany the notification.
As added by P.L.2-1991, SEC.18.
Last modified: May 27, 2006