Indiana Code

Ind. Code § 34-28-5-4 (2026)

Costs; deposit of funds; findings required for judgment; special provisions for moving violations

✓ current as of May 2026

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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).]

As added by P.L.1-1998, SEC.24. Amended by P.L.200-2005, SEC.2; P.L.101-2009, SEC.18; P.L.71-2010, SEC.3; P.L.106-2010, SEC.7; P.L.146-2016, SEC.17; P.L.110-2020, SEC.10.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 2007–2026 · leading case: John Doe 1 v. Indiana Dep't of Child Servs., 81 N.E.3d 199 (Ind. 2017).

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John Doe 1 v. Indiana Dep't of Child Servs., 81 N.E.3d 199 (Ind. 2017). · cites it 4× “DCS’s personnel policies provide that employees who breach confidentiality face a range of discipline, including dismissal.”

Purvi Patel v. State of Indiana, 60 N.E.3d 1041 (Ind. Ct. App. 2016). · cites it 2× “infraction [subject to a maximum judgment of $10,000 under Indiana Code Section 34-28-5-4]. (d) A woman upon whom a partial birth abortion is performed may not be prosecuted for violating or conspiring to violate section 1(b) of this chapter,[ 18 ] Patel observes that if the…”

Temperly v. State, 933 N.E.2d 558 (Ind. Ct. App. 2010). · cites it 2× “Finally, Indiana Code section 34-28-5-4 provides that the maximum judgment for a violation constituting a Class A infraction is a fine of up to $10,000.”

Schumm v. State, 866 N.E.2d 781 (Ind. Ct. App. 2007). · cites it 2× “Ind.Code § 34-28-5-4(c). 7 . We recognize that Schumm requested co-counsel for the purpose of questioning him, thereby avoiding his need to testify in narrative form, and that had Schumm’s co-counsel done only this, there appears to be no compelling reason for the court to have…”

Hollinsworth v. State, 920 N.E.2d 679 (Ind. Ct. App. 2010). · cites it 4× “Code § 9-21-5-13 (providing that generally speeding is a class C infraction or a class B infraction if certain conditions are present); Ind.Code § 34-28-5-4 (providing maximum judgments for the various classes of infractions).”

State v. Jackson, 864 N.E.2d 431 (Ind. Ct. App. 2007). · cites it 2× “Ind.Code § 34-28-5-4. Also, the OWHTV statute makes no reference to a licensee’s duty to inform the BMV of a change in address, other than that the BMV’s act of mailing notification to the defendant’s last known address establishes a rebuttable presumption of the defendant’s •…”

In the Matter of William Young, 943 N.E.2d 1276 (Ind. 2011). “Other Traffic Infraction Cases In 2009, the penalty range for a Class C traffic infraction was $0 to $500, *1279 IncLCode § 34-28-5-4(c) (West Supp. 2009), and court costs were an additional $149.”

United States v. German Hernandez-Lopez, 704 F. App'x 367 (5th Cir. 2017). “Code § 35-50-3-4 (Class C misdemeanors); Ind. Code § 34-28-5-4 (c) (infractions). This distinction suggests Hernandez’ conviction was more serious than the other juvenile offenses he cites.”

In the Matter of the Honorable Dianna L. Bennington, Judge of the Muncie City Court (Ind. 2015). · cites it 4× “See I.C. § 34-28-5-4(c) (2012). See also Schumm v.”

Randi Setto v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “The State asserts that the record does not show that Setto’s behavior was the reason why the court imposed a $500 fine, that Setto’s behavior prolonged the length of the stop and increased the risk of danger to passing motorists, the officer, and himself, and that Setto engaged…”

Rory Kerwood v. Elkhart Cnty. Sheriff's Dep't (Ind. Ct. App. 2024). · cites it 2× “Code § 5-14-3-10 (a); Ind. Code § 34-28-5-4 (a). [12] The Indiana legislature, in enacting Ind.”

Wright v. Young (N.D. Ind. 2019). “” Pursuant to Indiana Code 34-28-5-4(f)(3), the fine for this offense ranges from $35.”

Show all 13 citing cases →

— Ind. Code § 34-28-5-4(a) — 1 case

John Doe 1 v. Indiana Dep't of Child Servs., 81 N.E.3d 199 (Ind. 2017). “DCS’s personnel policies provide that employees who breach confidentiality face a range of discipline, including dismissal.”

— Ind. Code § 34-28-5-4(c) — 4 cases

Schumm v. State, 866 N.E.2d 781 (Ind. Ct. App. 2007). “Ind.Code § 34-28-5-4(c). 7 . We recognize that Schumm requested co-counsel for the purpose of questioning him, thereby avoiding his need to testify in narrative form, and that had Schumm’s co-counsel done only this, there appears to be no compelling reason for the court to have…”

In the Matter of the Honorable Dianna L. Bennington, Judge of the Muncie City Court (Ind. 2015). “See I.C. § 34-28-5-4(c) (2012). See also Schumm v.”

Harmony Home of Huntington, Inc. v. Exec. Dir., Indiana Dep't of Homeland Sec., The Members of the Fire Prevention & Bldg. Saf. Comm'n, Indiana Dep't of Homeland Sec. (S.D. Ind. 2026).

— Ind. Code § 34-28-5-4(f)(3) — 1 case

Wright v. Young (N.D. Ind. 2019). “” Pursuant to Indiana Code 34-28-5-4(f)(3), the fine for this offense ranges from $35.”

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