How do I fight a speeding ticket in Indiana?

Question

Accepted Answer

Indiana speeding tickets are heard in town, city, or superior court depending on where the citation was issued.

1. Pay vs. Contest

Pay (admit): infraction conviction reported to BMV.

Contest: bench trial under Indiana Rules of Trial Procedure 81. Preponderance standard for civil infractions.

Deferral: many prosecutors offer deferred prosecution agreements ($150-$400) that result in dismissal upon completing the deferral period without further violations. Available once every 12 months in most counties.

2. Speed Limits & Reckless Threshold

IC § 9-21-5-2 sets posted limits (70 mph default interstate; 65 mph for trucks).

Reckless driving (IC § 9-21-8-52): Class C misdemeanor (60 days jail, $500 fine), elevated to Class B if injury, A if death.

Aggressive driving (IC § 9-21-8-55): misdemeanor.

3. Points & Suspension

BMV point system (140 IAC 1-4.5):

2 points: 1-15 mph over

4 points: 16-25 over

6 points: 26+ over

8 points: reckless driving

20 points = invitation to a BMV-approved Driver Safety Program (point reduction up to 4). 18+ points in 24 months = possible administrative action.

4. Driver Safety Program

Voluntary BMV-approved 4-hour program reduces up to 4 points; usable once every 3 years.

5. Defenses & Discovery

Subpoena officer and the radar/lidar log via T.R. 34.

Indiana State Police SOP requires daily and weekly calibration certification.

Failure of officer to appear typically results in dismissal.

6. Insurance Impact

Insurers in IN typically surcharge 3 years from conviction date.

7. CDL Holders

49 CFR § 384.226 — no masking of CMV convictions; serious offenses cause 60-day disqualification.

This is legal information, not legal advice.