Delaware County, Indiana

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Deferred Prosecution Program for Infractions and Traffic Violations

Traffic Stop

The Delaware County Prosecutor’s Office has a Deferred Prosecution Program for infractions and traffic violations.  Once the Prosecutor's Office receives infractions tickets from law enforcement, they are pre-screened to determine whether the offender is eligible for participation in the Deferred Prosecution Program.  If the Prosecutor determines that you are eligible for the program, you will receive a packet from our office detailing the program as well as all the necessary forms.    Please note:  DO NOT PAY THE FEES OF $192.50 ASSOCIATED WITH THE PROGRAM UNTIL 24 HOURS AFTER EMAILING THE DOCUMENTS TO THE MUNCIE CITY CLERK’S OFFICE.

If you have received an infraction ticket and have not received a packet in the mail but you believe that you qualify for a deferred prosecution, please email Lana lmwright@co.delaware.in.us or Rhonda at rfoster@co.delaware.in.us.  You may also give us a call at 765-747-7801 and ask for Rhonda or Lana.

A Deferred Prosecution Agreement is an agreement between you and the Prosecuting Attorney in which you agree to pay a fee and court costs totaling $192.50 (in lieu of a fine), complete an online driver improvement course (cost of $40.00), and agree not to commit any other traffic offenses for a period of six (6) months.  This Agreement must be filed, payment received, and course completed prior to your Court Date.  The payment must be made to the Muncie City Clerk.  The Clerk accepts payment by cashier’s check, money order, cash or credit card.

The benefit of participating in this program is that the infraction violation will not be reported to the Bureau of Motor Vehicles, and therefore no points are assessed on your driving record.  When the Bureau of Motor Vehicles assesses points on your driving record, your automobile insurance rates may increase.

 Please Note: 

  • If you hold a CDL, Federal law states that you are NOT eligible to enter the Deferred Prosecution Program.
  • If you have been ticketed for any of the following offenses, you are NOT eligible to enter the Deferred Prosecution Program:
    • Failure to yield to moving emergency vehicle
    • Failure to change lanes or decrease speed when approaching a stationary emergency, recovery, or maintenance vehicle
    • Passing of a school bus while loading or unloading children
    • Passing of a school bus when arm signal is out
    • Any infraction that involves a traffic accident or crash