Just three days after the Bartholomew County Commissioners refused to raise a fine, a local judge announced she will raise it herself — or suspend a driver’s license.
Defendants convicted of ignoring road closure signs and driving around high water barricade will now be given the option to pay a $500 fine — or to have their driver’s license suspended for 30 days by Superior Court 2 Judge Kathleen “Kitty” Tighe Coriden.
The plan was announced in a news release issued Thursday by Bartholomew County Sheriff Matt Myers, who endorses the higher fine along with the county highway department, the Emergency Operations 911 Center and other first-responders. Myers describes Coriden’s decision as “a bold move.”
But the judge’s announcement comes just three days after the county commissioners voted down an ordinance that would have raised the fine for the same traffic infraction to $500.
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If the county imposes a fine greater than what the state imposes, infractions would have to be handled by county attorney Grant Tucker, rather than the office of county prosecutor Bill Nash, commissioner Larry Kleinhenz said.
Since Tucker works under contract, he can charge hourly rates that can result in legal bills far more expensive than any money received through a higher fine, the long-time commissioner said.
In addition, it will likely be those who can least afford a $500 fine who will end up being fined, Kleinhenz said.
After the news release was issued Thursday, Tucker said he’s unaware of any fixed fines — either local or state — specifically established for ignoring road closure signs and driving around high water barricades.
The $140 fine brought up by the commissioners Monday is basically the fine for disregarding a traffic control sign like a stop sign or traffic signal, Tucker said. In the past, that has been what motorists who drive through closed, flooded roads have been charged with.
Over the years, Indiana lawmakers and others have significantly increased and altered traffic laws, so it’s possible Coriden has found a legal basis for charging $500 fine, the county attorney said.
While commissioner’s chairman Rick Flohr voted against raising the fine, he said Thursday that Coriden is far more knowledgeable about what can or can’t be done under Indiana law.
“If she wants to go ahead and raise it herself, that’s fine with us,” Flohr said.
Coriden, who was in court Thursday afternoon and unavailable for comment, will retire at the end of next year, so it’s unclear how long this new policy will remain in force.
Myers said when Coriden implements the policy and the fine is paid, the county would not receive the money, with the fine instead going to the state.
“The court recognizes the potential dangers and has decided to take this action as an additional incentive,” Coriden said in a statement included in Myers’ news release.
The sheriff commended Coriden because she “understands the potential danger — not only for the driver but for my deputies and other first responders who have to rescue drivers who ignore high water signs.”
