Indiana statute

Ind. Code § 34-28-5-4 — Costs; deposit of funds; findings required for judgment; special provisions for moving violations

Current through 2026 Regular Session

Part of Chapter 5: Infraction and Ordinance Violation Enforcement Proceedings, Indiana Code.

Full text of Ind. Code § 34-28-5-4

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 34-28-5-4Primary source, current through the 2026 Regular Session

Sec. 4. (a) A judgment of up to ten thousand dollars ($10,000) may be entered for a violation constituting a Class A infraction. (b) A judgment of up to one thousand dollars ($1,000) may be entered for a violation constituting a Class B infraction. (c) Except as provided in subsection (f), a judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction. (d) A judgment of up to twenty-five dollars ($25) may be entered for a violation constituting a Class D infraction. (e) Subject to section 1 of this chapter, a judgment: (1) up to the amount requested in the complaint; and (2) not exceeding any limitation under IC 36-1-3-8 ; may be entered for an ordinance violation. (f) Except as provided in subsections (g) and (h), a person who has admitted to a moving violation constituting a Class C infraction, pleaded nolo contendere to a moving violation constituting a Class C infraction, or has been found by a court to have committed a moving violation constituting a Class C infraction may not be required to pay more than the following amounts for the violation: (1) If, before the appearance date specified in the summons and complaint, the person mails or delivers an admission of the moving violation or a plea of nolo contendere to the moving violation, the person may not be required to pay any amount, except court costs and a judgment that does not exceed thirty-five dollars and fifty cents ($35.50). (2) If the person admits the moving violation or enters a plea of nolo contendere to the moving violation on the appearance date specified in the summons and complaint, the person may not be required to pay any amount, except court costs and a judgment that does not exceed thirty-five dollars and fifty cents ($35.50). (3) If the person contests the moving violation in court and is found to have committed the moving violation, the person may not be required to pay any amount, except: (A) court costs and a judgment that does not exceed thirty-five dollars and fifty cents ($35.50) if, in the five (5) years before the appearance date specified in the summons and complaint, the person was not found by a court in the county to have committed a moving violation; (B) court costs and a judgment that does not exceed two hundred fifty dollars and fifty cents ($250.50) if, in the five (5) years before the appearance date specified in the summons and complaint, the person was found by a court in the county to have committed one (1) moving violation; and (C) court costs and a judgment that does not exceed five hundred dollars ($500) if, in the five (5) years before the appearance date specified in the summons and complaint, the person was found by a court in the county to have committed two (2) or more moving violations. In a proceeding under subdivision (3), the court may require the person to submit an affidavit or sworn testimony concerning whether, in the five (5) years before the appearance date specified in the summons and complaint, the person has been found by a court to have committed one (1) or more moving violations. (g) The amounts described in subsection (f) are in addition to any amount that a person may be required to pay for attending a defensive driving school program. (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. (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. [Pre-1998 Recodification Citations: 34-4-32-4(a); 34-4-4-32-4(b); 34-4-4-32-4(c); 34-4-4-32-4(d); 34-4-32-4(e).]

Official sources

Legal terms used in this section

Questions this section answers

What are the penalties for acting without permit; defenses in Indiana?

Penalties for acting without permit; defenses in Indiana depend on how it is classified — from a Class C Infraction up to a Class B Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-3; the full table of ranges by variant is published on this page.

What are the penalties for advertising e-liquid or vapor product near school property in Indiana?

Penalties for advertising e-liquid or vapor product near school property in Indiana depend on how it is classified — from a Class C Infraction up to a Class C Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-4; the full table of ranges by variant is published on this page.

What are the penalties for aiding unlawful possession in Indiana?

As a Class C Infraction, aiding unlawful possession carries a fine of up to $500 (no mandatory minimum) under Ind. Code § 34-28-5-4.

What are the penalties for battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosure; referrals; retaliation in Indiana?

Penalties for battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosure; referrals; retaliation in Indiana depend on how it is classified — from a Class C Infraction up to a Class B Misdemeanor — with the ranges set by Ind. Code § 35-50-3-3 and Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.

What are the penalties for class A infraction in Indiana?

As a Class A Infraction, class A infraction carries a fine of up to $10,000 (no mandatory minimum) under Ind. Code § 34-28-5-4.

What are the penalties for class C infraction; person less than 21 years of age driving under the influence in Indiana?

As a Class C Infraction, class C infraction; person less than 21 years of age driving under the influence carries a fine of up to $500 (no mandatory minimum) under Ind. Code § 34-28-5-4.

What are the penalties for class C infraction; violation of probationary license in Indiana?

As a Class C Infraction, class C infraction; violation of probationary license carries a fine of up to $500 (no mandatory minimum) under Ind. Code § 34-28-5-4.

What are the penalties for coin machines selling tobacco products in Indiana?

As a Class C Infraction, coin machines selling tobacco products carries a fine of up to $500 (no mandatory minimum) under Ind. Code § 34-28-5-4.

What are the penalties for combative fighting in Indiana?

Penalties for combative fighting in Indiana depend on how it is classified — from a Class C Infraction up to a Class C Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-4; the full table of ranges by variant is published on this page.

What are the penalties for computer trespass; computer hoarding programs in Indiana?

Penalties for computer trespass; computer hoarding programs in Indiana depend on how it is classified — from a Class C Infraction up to a Class A Misdemeanor — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-4; the full table of ranges by variant is published on this page.

This reference is informational and is not legal advice.