Infraction Deferral Program

 INFRACTION DEFERRAL PROGRAM

The Traffic Infraction Deferral Program is offered through the Kosciusko County Prosecutor's Office. It is available to qualified drivers for the dual purposes of promoting safe driving and allowing the driver to avoid any additional points on his/her driving record through the Bureau of Motor Vehicles (BMV).

You may qualify to participate in the traffic infraction Deferral program if you:

  • do NOT hold a commercial driver's license (CDL)
  • If you are an out-of-state driver, you must provide us with a copy of your current State driving record with your completed Infraction Deferral Agreement
  • Received only one ticket (if 2 or more tickets, must get prosecutor's approval)
  • Were 18 years of age or older at the time the ticket was received
  • Were not going more than 25 mph over the posted speed limit
  • Were not going more that 15 mph over within a 45mph zone on U.S.30 
  • Were not speeding in a work zone or a school zone 
  • Received a ticket which is approved for the program
  • The most common types of tickets that qualify are:
    • Speeding up to 25 mph over the posted speed limit (not in school zone or work zone and not in a special speed zone on U.S.30)
    • Disregarding a traffic light or a stop sign or a yield sign (not on U.S. 30)
    • Following too closely
    • Driving left of center
    • Unsafe lane movement
    • NOT an offense involving an accident, passing a school bus, failing to yield to an emergency vehicle, no insurance, or any other eight-point offense (as designated by the Indiana Bureau of Motor Vehicles)

Eligibility is at the complete discretion of the Kosciusko County Prosecutor.  Any driver may be made ineligible for any reason by the Kosciusko County Prosecuting Attorney.

The Staff of the Prosecutor's Office will review your ticket to determine if you are eligible.  If you are eligible, you will receive information on enrolling in the program.

To participate in the Infraction Deferral Program, you may come in person to the Kosciusko County Clerk's Office, 121 N. Lake St., Warsaw, IN 46580 from 8:30AM - 4:00 PM.  Bring the Deferral Form and the fee identified by the Prosecutor's Office in the form of cash, cashier's check, certified check, or money order made payable to the Clerk of Kosciusko County. You do this instead of paying the ticket (i.e. do not pay the ticket and then bring in the deferral form).  The effective date of this agreement will be the date the Clerk of Kosciusko County receives the signed agreement and the payment.  If you comply with the terms of deferral agreement then you will not accumulate any additional points on your BMV driving record.  If you fail to comply with any of the terms of the agreement, the ticket may be re-filed with the Court.  If that happens the deferral fee is forfeited and you will need to either pay the ticket, or contest it.

To participate in the Infraction Deferral Program by mail, you may complete the documents sent to you and return them to the Clerk of the Court.

Receipts are not automatically sent out, so in order to receive verification of your payment, you must include a self-addressed stamped envelope with your payment and a receipt will be returned to you.

The deadline to participate in the Infraction Deferral Program is the due date on the ticket, also referred to as the court appearance date. Therefore, you must come in person to the Kosciusko County Clerk's Office OR mail the signed agreement and fee on or before the due date. 

If you have a question that has not been addressed above, you may call the prosecutor's office at (574) 372-2419. Have your ticket handy when you call.