PROSECUTOR

The Wells County Prosecutor's Office has instituted an infraction deferral program that may be available to you if you have been charged with a traffic infraction. If eligible, you will be permitted to enter into a contract with the Wells County Prosecutor in which you agree to not commit another law violation or criminal offense during the term of the contract. If you are successful, the Prosecutor's Office will dismiss the ticket and it will not appear on your driving record. If you commit a law violation or a criminal offense within the term of the contract, the prosecutor will resume prosecution of the ticket that you are deferring and the money that you paid for the deferral contract will be forfeited. Additional terms may be added to the contract as determined by the prosecutor.

Not all offenders are eligible for the deferral program and the prosecutor has absolute discretion regarding eligibility determination. The program is not available to you if you do not meet the following criteria.

• You must possess or obtain a valid driver's license within the 6 / 12 month term of the contract
• You cannot have a Commercial Driver's License
• You cannot be on probation or on parole
• You cannot EVER have been convicted of Operating While Intoxicated
• You cannot have more than 4 active points on your license
• You must be able to show proof of financial responsibility
• You cannot have a judgment for a moving violation within the last year
• You cannot have entered into a deferral contact within the last year
• You cannot have a significant criminal or traffic history
• You cannot have been going in excess of 30 mph over the speed limit
• Your ticket cannot be for the offense of Speeding in a Work Zone, Passing a School Bus or Failure to Yield to an Emergency Vehicle
• Your ticket cannot be for an offense that resulted in an accident
• Your ticket cannot be for an offense that occurred in a residential neighborhood if the offense created a significant risk to public safety

You must pay the Deferral Program fee in full to the Clerk of the Court when you file the contract with the court.

6 Month Contract - $192.50

• Speeding - 20 mph or less over the speed limit
• All other infraction citations (other than Driving While Suspended)

12 Month Contract - $252.50

• Speeding - more than 20 mph over the speed limit
• Driving While Suspended

If you would like to be considered for the Deferral Program, you must complete the application linked to this page. Once you complete the application, you will electronically submit it to the Prosecutor's Office. Upon receipt, the Prosecutor's Office will obtain your BMV record and your criminal history to determine your eligibility. If you are eligible, the Prosecutor's Office will mail to you a proposed contract with a letter explaining how to complete the contract. Read the contract very carefully and consult with an attorney if you desire. It is a legally binding document with legal consequences.

You must deliver the contract to the Clerk of the court to which you have been summoned before your schedule court date. If you are unable to do so, you must appear as required by your ticket. You may take the contract with you and deliver it when you go to court, or the court, at its sole discretion, may give you additional time to deliver the contract.

If you have not filed your contract and do not appear as required, the court may suspend your driving privileges for failure to appear.

If for any reason you are not accepted onto the Deferral Program, you will receive a letter explaining your ineligibility. You will then need to either pay the ticket or appear in court as directed on your ticket.