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My son recently received his Indiana driver's license so he is still under his 90 days probationary period. He was ticketed for speeding ticket, 72 in a 55 zone, and for a violation of his passenger restriction. What are the penalties he could be facing?


A

Indiana Code 9-24-11-3 provides that a license issued to an individual less than 18 years of age is a probationary license. The restrictions for those with a probationary license are listed under this part of IN law.

So basically if you are younger than 18 years of age when you receive your driver's license, your license is considered probationary. If you have a probationary driver's license, you may drive alone. However, you must observe the following regulations regarding passengers:

  • If there are passengers of any age in your vehicle during the first 90 days that you hold your driver's license, an individual 21 years of age or older with a valid driver's license must be seated in your vehicle's front passenger seat; and
  • If there are passengers in your vehicle, every occupant must wear a seat belt.

If you have a probationary driver's license, you must comply with state and local curfew laws. Drivers under the age of 18 are not permitted to drive after 1 a.m. on Fridays and Saturdays, or after 11 p.m. on Sunday through Thursday, unless the following conditions apply:

  • The probationary driver is accompanied by a parent, guardian or custodian, or an adult designated by a parent, guardian or custodian; or
  • The probationary driver is going to or returning from a job, school, religious activity, an activity involving the exercise of civil rights, or an activity sponsored by a governmental or non-profit entity.

Indiana Code 9-24-11-8 notes the penalties for breaking the restrictions of your probationary license by stating that it is a class C infraction. A class C infraction in Indiana can come with a penalty of a fine up to $500 from what we have read.

Your son would also receive points on his license for this speeding offense. The Indiana points list lists 2 points for a speeding offense for 1 to 15 mph over the posted speed limit. The Noble County Courthouse has online its traffic infraction schedule of judgment which lists a speeding ticket for 11 - 20 mph over the limit as having a $120 fine. While Adams County's fine lists has it as $120 for 11 - 15 mph and $150 for 16 - 24 mph over so fines differ depending to the country your son was ticketed in.

Both infraction lists note that for Probationary License (16-18 yr. old) violations one must appear in court. The Adams Country Court site notes that minors must appear in court with a parent or guardian.

The Adams Country Court site also notes that their Prosecuting Attorney offers pre-trial deferral of traffic tickets to qualified individuals. The program requires participants to sign a contract with the prosecuting requires pay a non-refundable $137.00 fee. If you do not violate the terms of the contract, the traffic ticket is dismissed at a later time and no conviction appears on your driving record. If you violate the terms of the contract, prosecution of the ticket resumes. So you and your son may want to see if he is eligible for this deferral option or not.

To find out the exact penalties that your son will be facing he should contact the court listed on the citation. The Indiana Bureau of Motor Vehicles (BMV) may also be able to advise you on what penalties he may be facing and if his driving privileges will be affected due to getting a ticket during his probationary period and breaking his restrictions.


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