Indiana's new law, Indiana Code 9-30-16, eliminates hardship and probationary licenses, and creates the new category of Specialized Driving Privileges.
Who DOES Qualify?
- Habitual Traffic Violators, HTV;
- Insurance Suspensions;
- DUI Suspensions;
- Unpaid Traffic Tickets;
- Court Ordered Suspensions;
- Suspensions Issued by the BMV; and
- Those Who Are Not Ineligable
Court Ordered Suspensions
If a court ordered the suspension of your driving privileges, Indiana Code 9-30-16-3(a) provides that the court "may stay the suspension and grant a specialized driving privilege." Better yet, Indiana Code 9-30-16-3(b) says that regardless of the underlying offense, specialized driving privileges granted under this section shall be granted for at least one hundred eighty (180) days.
Ultimately it is up to the court to grant specialized driving privileges.
The court may include conditions such as:
- Requiring the use of ignition interlock devices;
- Restricting your driving privileges to during certain hours of the day; and/or,
- Restricting your driving privileges between work and home
Your Responsibilities if Granted
A person who has been granted specialized driving privileges shall:
- Maintain proof of future financial responsibility insurance during the period of specialized driving privileges;
- Carry a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by the person; and,
- Produce the copy of the order granting specialized driving privileges upon the request of a police officer.
Bureau of Motor Vehicle Suspensions
If the bureau suspension of your driving privileges, Indiana Code 9-30-16-4(a) provides you may petition a court for specialized driving privileges.
What Goes in the Petition?
Indiana Code 9-30-16-4(b) specifies the requirements for a petition filed under this law, which include:
- Be signed by you that the statements are true;
- State the your age, date of birth, and address;
- State the grounds for relief and the relief sought;
- Be filed in the county in which you reside;
- Be filed in a circuit or superior court; and
- Be served on the bureau and the prosecuting attorney.
A prosecuting attorney may appear on behalf of the bureau to respond to a petition filed under this section.
Your Next Step, Call (317) 969-8000
If you meet the criteria and need to drive to and from work, take sick children or family for medical treatment, Indiana's specialized driving privileges law may be just what you have been waiting for. Call us at Emerson Divorce and Accident Injury Attorneys, L.L.C. today to learn how you can get back behind the wheel...legally with specialized driving privileges.
Just To Be Clear the Following People Are Ineligible
- A person who has never had a valid Indiana driver's license;
- A person who holds a commercial driver's license (CDL);
- A person who has refused to submit to a chemical test, ie Breathalyzer or Blood Draw;
- A person who has been convicted for an offense involving the operation of a motor vehicle and causes the death of another person; or,
- A person who has previously received a specialized driving privilege and the person has more than one (1) conviction for violating IC 9-30-16-5
We’re Here to Help You!
We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible.(317) 969-8000
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