INFRACTIONS

Daniel R. MillerIndiana Prosecuting Attorneys

CouncilDrug Resource Prosecutor

INFRACTIONS

New lawyers

Newly elected Prosecutor or newly appointed Chief Deputy

INFRACTIONS

Experienced criminal prosecutor with no civil trial experience

INFRACTIONS

Litigators with experience in trying infraction cases.

Types of infraction cases

Moving violations

I.C. 9-21-5 and 9-21-8

Types of infraction cases

Driver’s license violations.I.C. 9-24-19-1, 9-24-18-3, 9-24-18-4, 9-24-13-3

Types of infraction cases

Possession of ParaphernaliaI.C. 35-48-4-8.3 and 8.5

Types of infraction cases

Fish and Wildlifee.g. I.C. 14-22-6, I.C. 14-22-38-1 (penalty provision)

Not criminal offenses

Infraction cases are CIVIL in nature.

Not criminal offenses

Plaintiff: State of Indiana

Indiana Rules of Trial Procedure

Preponderance of the Evidence

No mens rea requirement

Not criminal offenses

No advisement of procedural rights

Not criminal offenses

No municipal ordinance violations.I.C. 34-28-5-1(c)

The infraction proceeding

Complaint and summons

Pleadings

Admission

Denial

Declaration of nolo contendere

Fines are called “judgments.”

Class A $10,000

Class B $1,000

Class C $500

Class D $25

Civil trial

Waiver of Counsel not required.

Civil trial

Criminal advisement by Court not required

Right to council

Right to trial by jury

Right to face witnesses

Right to compulsory

process

Right to have state prove its

case

Right not to testify

Civil trial

No right to appointed counsel

The defendant may be required to testify

Lower standard of proof

Rules of Evidence still apply

Ind. R. Evid. 101(a) Hearsay

Relevance Proper foundation

Chain of Custody

Double JeopardyState v. Hurst, 688 N.E.2d 402 (Ind. 1977)

Trial by Jury. Ind. R. Trial P. 38

• In writing• Not later than 10 days

after 1st responsive pleading

Demand trial by

jury

Conduct of Jury Trial

Batson v. Ohio challenge in jury selectionSchumm v. State, 866 N.E.2d 781 (Ind. App. 2007)

Trial by Jury - Penalty

“If you find from a preponderance of the evidence that the defendant did commit

the infraction as charged and is liable, it is your further duty to assess the damages in an amount not less than zero dollars and not more than $   …”

Conduct of Jury Trial

Summary Judgment

Motions in limine

Jury selection

Jury instructions

Rebuttal evidence

http://mckinneylaw.iu.edu/faculty-staff/profile.cfm?Id=59

Contact Information:Daniel R. Miller812-234-8445Email: danimiller@ipac.IN.gov