Eligibility is at the complete discretion of the Noble County Prosecutor and is determined on a case-by-case basis. Offenses involving an accident, passing a school bus, failing to yield to an emergency vehicle, and most other eight-point offenses generally are not eligible and require the Prosecutor’s approval. Drivers with a Commercial Driver’s License (CDL), who are under 18 years old at the time they received their ticket, or who are currently participating in a Deferral of Diversion Program are not eligible.
Participation in the Deferral Program is voluntary. If you wish to be considered:
- You must contact the Court (260) 636-2129 to advise that you are applying for the Deferral Program. This must be done before the Initial Hearing or Court Appearance date printed on your ticket and before paying for the ticket. When you contact the Court, you will be given a Pre-Trial Conference Hearing date. You must be accepted into the Program or appear in court at that time. Otherwise, a default judgement will be entered against you and you will not be eligible to participate in the Program.
- You must complete THIS Application Form and submit it to the Noble county Prosecutor’s Office. You should do this as soon as possible after contacting the Court, and the application must be received prior to your Pre-Trial Conference date
- We will review your application and notify you if you have been accepted or not. If accepted, you will receive instructions on how to pay for and enter the Program. If you are denied or decide not to participate, then you may pay the ticket or deny it, in which case the Court will set the matter for a trial.
Other Program Information
Please note that the cost of the Program is usually $252.50, which must be paid before your agreement can be filed with the Court. Also, please be advised that your agreement may contain special terms such as completing Defensive Driving Course.
The effective date of your agreement will be the date that the Clerk of Noble County receives the payment and signed agreement. If you comply with the terms of the agreement, the State of Indiana will dismiss the ticket pursuant to I.C. 34-28-5-1, and you will not accumulate any additional points on your BMV Driving Record. If you fail to comply with any of the terms of the agreement, it may result in the ticket being reinstated. If this happens, the deferral fees will be forfeited and you will need to either pay or contest the ticket.
If you have a question that has not been addressed above, or you need Prosecutor approval to participate in the program, you may call the Prosecutor’s Office at 260-636-2193. Please have your ticket handy when you call.