Diverson Programs Under The Microscope

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(STATEHOUSE) - 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.

Wyss says he's doubtful about how the commission's recommendations will fare, because of the likelihood property taxes will monopolize legislators' attention this session.

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