A judgment of up to ten thousand dollars ($10,000) may be entered for a violation constituting a Class A infraction.
A judgment of up to one thousand dollars ($1,000) may be entered for a violation constituting a Class B infraction.
A judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction, subject to the limitations in IC 34-28-5-4(f) and (g) for moving traffic violations.
A judgment of up to twenty-five dollars ($25) may be entered for a violation constituting a Class D infraction.
A judgment: up to the amount requested in the complaint; and not exceeding any limitation under IC 36-1-3-8; may be entered for an ordinance violation.
IC 34-28-5-4(h) and IC 34-28-5-5(e) apply to infraction judgments imposed in Marion County for traffic violations.
IC 34-28-5-4(h): “This subsection applies only to infraction judgments imposed in Marion County for traffic violations after December 31, 2010. Subsection (f) applies to an infraction judgment described in this subsection. However, a court shall impose a judgment of not less than thirty-five dollars ($35) for an infraction judgment that is entered in Marion County. These funds shall be transferred to a dedicated fund in accordance with section 5 of this chapter.”
IC 34-28-5-5(e): “The funds collected for an infraction judgment described in section 4(h) of this chapter shall be transferred to a dedicated county fund. The money in the dedicated county fund does not revert to the county general fund or state general fund and may be used, after appropriation by the county fiscal body, only for the following purposes: (1) To pay compensation of commissioners appointed under IC 33-33-49. (2) To pay costs of the county's guardian ad litem program.”
IC 34-28-5-4(i) and IC 34-28-5-5(f) apply to infraction judgments imposed in Clark County for toll violations.
IC 34-28-5-4(i): “This subsection applies only to infraction judgments imposed in Clark County for toll violations after January 1, 2017. Subsection (f) applies to an infraction judgment described in this subsection. However, a court shall impose a judgment of not less than thirty-five dollars ($35) for an infraction judgment that is entered in Clark County. These funds shall be transferred to a dedicated fund in accordance with section 5(f) of this chapter.”
IC 34-28-5-5(f): “The funds collected for an infraction judgment described in section 4(i) of this chapter shall be transferred to a dedicated toll revenue fund created as part of a project under IC 8-15.5-1-2(b)(4). The money in the fund does not revert to the county general fund or state general fund and may be used only to pay the cost of operating, maintaining, and repairing the tolling system for a project under IC 8-15.5-1-2(b)(4), including major repairs, replacements, and improvements.”
IC 9-21-5-11 applies to funds collected as judgments for violations of temporary worksite speed limits, as follows:
“(a) Subject to subsection (b), the Indiana department of transportation, the Indiana finance authority, or a local authority may establish temporary maximum speed limits in their respective jurisdictions and in the vicinity of a worksite without conducting an engineering study and investigation required under this article. The establishing authority shall post signs notifying the traveling public of the temporary maximum speed limits established under this section.
(b) Worksite speed limits set under this section must be at least ten (10) miles per hour below the maximum established speed limit.
(c) A worksite speed limit set under this section may be enforced only if:
(1) workers are present in the immediate vicinity of the worksite; or
(2) if workers are not present in the immediate vicinity of the worksite, the establishing authority determines that the safety of the traveling public requires enforcement of the worksite speed limit.
(d) Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set under this section must be entered as follows:
(1) If the person has not previously committed the infraction of violating a speed limit set under this section, a judgment for a Class B infraction and a fine of at least three hundred dollars ($300) shall be imposed.
(2) If the person has committed one (1) infraction of violating a speed limit set under this section in the previous three (3) years, a judgment for a Class B infraction and a fine of at least five hundred dollars ($500) shall be imposed.
(3) If the person has committed two (2) or more infractions of violating a speed limit set under this section in the previous three (3) years, a judgment for a Class B infraction and a fine of one thousand dollars ($1,000) shall be imposed.
(e) Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the infraction of violating a speed limit set under this section shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
(f) If judgment has been imposed for committing two (2) infractions under this section within one (1) year, an additional penalty of the suspension of the driving privileges of the person who committed the infractions may be imposed by the court imposing the sentence for the second violation. If the court suspends a person's driving privileges under this subsection, the court shall issue an order to the bureau:
(1) stating that judgment against the person has been entered for committing the infraction of exceeding a worksite speed limit under this section for the second time in one (1) year; and
(2) ordering the suspension of the person's driving privileges by the bureau under IC 9-30-13-9.
The suspension of a person's driving privileges under this section is in addition to any other penalties imposed under this section and any fee imposed under IC 33-37-5-14.”
A defendant against whom a judgment is entered is liable for costs. Costs are part of the judgment and may not be suspended except under IC 9-30-3-12. Whenever a judgment is entered against a person for the commission of two (2) or more civil violations (infractions or ordinance violations), the court may waive the person's liability for costs for all but one (1) of the violations. This does not apply to judgments entered for violations constituting Class D infractions (seatbelt or stray dog violations) or Class C infractions for unlawfully parking in a space reserved for a person with a physical disability.
If a judgment is entered for a violation constituting a Class D infraction (seatbelt or stray dog violation), or a Class C infraction for unlawfully parking in a space reserved for a person with a physical disability, or if a judgment is entered in favor of the defendant in any case, he is not liable for costs. {IC 34-28-5-5]
If a defendant fails to satisfy a judgment entered against him for the violation of a traffic ordinance or for a traffic infraction by a date fixed by the court, the court may suspend the defendant's driver's license. When a court suspends a person's driver's license, the court shall forward notice of the suspension to the bureau of motor vehicles. [IC 34-28-5-6]
Except for costs and except as provided in IC 34-28-5-5(e), IC 34-28-5-5(f), and IC 9-21-5-11(e), and fines collected in cases involving persons driving golf carts on city and town streets, the funds collected as judgments for violations of statutes defining infractions shall be deposited in the state general fund. [IC 34-28-5] The fines assessed for violations of traffic ordinances adopted by a city or town governing the operation of golf carts shall be deposited into the general fund of the city or town. (IC 9-21-1-3.3)