It depends on which road you take.
In the September/October 2010 issue of the Indiana Court Times, we discussed the differences between a Petition for a Restricted Driver’s License under Indiana Code 9-24-15 and a Petition for Judicial Review of a Habitual Violator Suspension under Indiana Code 9-30-10. One of those differences is the type of court costs that are assessed. Regular civil costs are assessed for the former and infraction costs for the latter. However, both of these proceedings are assigned a civil miscellaneous (MI) case type. Hmmm, this could be trouble. How does the clerk know which costs to assess?
We have a prepared the following easy-to-read chart to help clerks quickly distinguish which type of proceeding is being filed so that they can identify and charge the appropriate court costs. We encourage clerks working at the front counter where these matters are filed to keep this reference chart handy and refer to it when these sort of petitions are tendered for filing.
