Did you recently get cited with a traffic infraction or speeding ticket? Do you wonder how a judgement against you might affect your license or your insurance? In this article we will address these issues and many more.

In Indiana, it the Bureau of Motor Vehicles (BMV) that is the controlling governmental body regarding the issuing, suspending and revoking of vehicular operating licenses.  Under Indiana Code 140 IAC 1-4.5-10, the legislature created a point value table that mandates the BMV apply certain points to certain various traffic infractions when judgement is entered against an individual. The accumulation of these points can have a drastic impact on both an individual’s license status and insurance premiums and typically an even worse result to those holding commercial driver’s licenses (CDL).

140 IAC 1-4.5-4 defines the specific point accumulation on a person’s record and how it affects their license. Here are some examples:

140 IAC 1-4.5-4(2)  Twenty (20) points will result in a one month suspension

140 IAC 1-4.5-4(7) Thirty (30) points will result in a (6) six month suspension

140 IAC 1-4.5-4(13) Forty-two (42) points will result in (12) twelve months suspension

 

140 IAC 1-4.5-4(c) also holds that if, during any twelve (12) month period, an individual accumulates three (3) or more moving traffic infractions, the BMV may upon written notice, require the person to submit to an administrative hearing and be subject to addition sanctions.

Additionally, for purposes of point accumulation 140 IAC 1-4.5-4(a) holds that any and all points assessed for any violation shall become inactive twenty-four (24) months after the disposition date of the violation.

Below is a list of some common moving violations and the points accompanied with a judgement for each offense under 140 IAC 1-4.5-10:

Speeding:

1-15 MPH in excess of limit =  2 points

16-25 MPH in excess of limit =  4 points

Over 25 MPH in excess of limit =  6 points

Failure to yield; obey stop or yield signs =  4 points

Disregarding traffic control signal =  4 points

Following too closely =  6 points

Failure to signal = 2 points

OVWI/DUI = 8 points

 

Those individuals holding CDL’s are governed by a federal point scheme standard, and is considered to be much more strict than that of non-CDL State standards. Additionally, CDL’s holders are always in jeopardy of either having their CDL suspended or revoked pending moving violation judgments which directly impacts their ability to continue their careers as commercial truck drivers.

 

Additionally, most of us on the roads possess auto insurance, as it is required under State statute and an additional offense if you do not possess insurance.  Your insurance company will always pull information from the BMV before every renewal date to calculate your premiums. They most certainly take into account any moving violations you may have accumulated since your last renewal and will most likely bump up your premium pending on the severity of the traffic infraction judgement you accumulated.

 

If you have recently been ticketed with a traffic infraction or a speeding ticket, and are concerned of either potential point accumulation on your record, the financial impact on your insurance, or you would like to keep your record clean, you need an experienced traffic attorney to assist you in keeping your record as clean as possible.  In some circumstance, you may even be eligible for your case to be dismissed either through a deferral or diversion program or due to issues with the ticket itself.  Kevin Potts, owner of Potts Law LLC and former prosecutor has successfully litigated hundreds of traffic cases throughout Indiana both CDL and non-CDL holders alike. Contact Potts Law LLC today for your free consultation: 317-951-0087  email: kevin@pottslawllc.com