Who Must Appear

Mandatory Appearances for Traffic Violations

Persons charged with the traffic violations listed below MUST appear in person in Court on the date on their ticket:

  • Driving While Suspended
  • Operating without Proof of Financial Liability
  • Speeding 26+ mph over posted limit
  • Neighborhood speeding 16+ mph over the speed limit
  • Driver under 18 years of age (must appear with parent or guardian)
    • exception; drivers under 18 who are charged with seat belt violations do not need to appear.
  • School Bus Stop Arm Violations
  • Speeding in Work Zone While Workers are Present
  • Learner's Permit Violation
  • All other Traffic Violations may admit the violation and pay in advance.

Mandatory Appearance for Non-Traffic Violations

All non-traffic violations of City Ordinance must appear in Court unless an agreement is reached with the City Attorney.

If you reside outside the state of Indiana and are charged with an offense where you must appear in court, you should contact the clerk of the court regarding your court appearance.

All persons under 18 years of age must appear in court with a parent or guardian (except for seat belt violations).

If you are hearing impaired and require the services of an interpreter, please notify the court at least 48 hours in advance of your court date so that an interpreter can be obtained for your court session.

 Appearing In Court

If your charge(s) is not a "Must Appear" and you still want to appear in open court, you may do so. Your court date is your initial hearing date, which is located at the bottom of your ticket. If you are unable to appear on your scheduled date, you may contact the court to reschedule your initial hearing date at 317-595-3130. You are allowed one continuance. The continuance will be denied if the only reason is it being requested is to allow for more time to pay the ticket.

Note: The appearance date on the bottom of your ticket is for your initial hearing only. The officer who issued the ticket is not required to be present for your initial hearing.

Appearing by Video Conference

If you are unable to appear in Court in person, you may request to appear by video. You must contact the Court Reporter, Kim Greiner, at 317 595-3130, to request a video appearance. If you are granted permission to appear by video conference, you must do the following:

  1. Provide a valid email address to be notified of the hearing date and time, and to Zoom video link and to receive documents necessary for that hearing;
  2. Have a computer, phone or device capable of conducting a hearing by Zoom video conferencing; 
  3. You must be identified on the Zoom video by first and last name
  4. Be in a location where there is sufficient lighting to conduct the hearing;
  5. Be in a location where there is NO outside interference with your appearance in Court;
    1. You cannot be in a motor vehicle
    2. If you are at work you must be inside a room where there are no other persons who will interrupt the hearing
    3. If you are at home you must be in a room where children or other residents will not interrupt the hearing
    4. You must dress appropriately for Court

A Zoom hearing is offered as a convenience for you. However, it is still a formal court hearing and you will be expected to conduct yourself as though you were present in person in the courtroom.

Failure to Appear

If you fail to appear in Court, a default judgment may be entered against you, and your driving privileges may be suspended until the judgment is paid.

Trials

Testimony

At the trial, the officer who issued the ticket, and/or other witnesses will testify. You will have the opportunity to ask the officer and/or other witnesses questions about their testimony after they have given it. You will also be allowed to tell the Judge your side of what occurred. All testimony must be given under oath or affirmation to be considered. You may also present other evidence in your own behalf, including photographs, diagrams, written documents, and the testimony of other witnesses.

Evidence

The Prosecutor or City Attorney has the burden of proving that you committed the offense(s) with which you are charged by a preponderance of the evidence. You do not have to be proven guilty beyond a reasonable doubt. Enough evidence has to be presented for the Judge to find that it is more likely than not that you committed the offense(s) with which you are charged.

If you wish to present evidence in digital form, whether a photograph, video, map, diagram, or document, you must have the evidence saved on CD, DVD, or flash drive that can be marked as an Exhibit, and will become the property of the Court Reporter. The court will not consider any digital media that are contained on a cell phone or other personal electronic device that is not retained by, and become the property of the Court Reporter.

Continuance

Except for emergencies, you must request a continuance more than 48 hours before your trial. The court generally allows one continuance for the person charged. The continuance will be denied if the only reason is it being requested is to allow for more time to pay the ticket.

Judgment 

If you do not appear for your trial, the Judge is permitted to enter a default judgment against you. The court will then certify the judgment and a failure to appear will be sent to the Bureau of Motor Vehicles and your driving privileges will be suspended.

If you have any questions, please contact the court staff at 317-595-3130.