Legislative Panel Wants Review of Prosecutors' Diversion Programs | Indy's News Center - 93.1 WIBC Indianapolis

Proposal calls for accounting of how all traffic charges are handled
By Eric Berman
10/29/2007

Prosecutors will have to account for diversion programs that let you keep traffic violations off your record, if a legislative study committee recommendation becomes law.

Most Indiana prosecutors let you avoid a traffic fine by paying a fee instead. The prosecutor's office keeps the money, and as long as you don't break the law again, your record stays clear.

Senator Tom Wyss (R-Fort Wayne) complains no one checks to make sure you didn't slip up. And he says he's seeing too many drunken-driving charges reduced to reckless driving, and then dropped through diversion. Wyss says that sends the wrong message about the seriousness of DUI.

Drunken driving has been Wyss's signature issue in the Senate. He spearheaded the lengthy battle to lower the legal blood-alcohol limit to .08%.

Wyss charges some prosecutors are letting truckers into diversion programs, even though federal law specifically prohibits that. The study committee he chairs wants prosecutors to turn over an annual list of every vehicle-related charge they file and what happens to them.

The panel also voted to encourage stricter enforcement of weight limits by letting counties keep half the fines from violations they write up. Currently, many of Indiana's weigh stations are often unmanned. Wyss says a monetary incentive may lead to more manpower and more use of portable scales.

The committee rejected a proposal to turn all truckers' traffic violations over to a civil board, similar to Indiana's Workers Compensation Board. The panel voted 5-3 in favor of the idea, with four members absent. It takes a majority of the full panel to give the commission's imprimatur to a recommendation.

Wyss says he may introduce the bill on his own. He says he's doubtful about all the proposals' chances, because of the likelihood property taxes will monopolize legislators' attention this session.

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