An Overview
A license suspension from a court or the Bureau of Motor Vehicles can wreak havoc on a person’s life. It can lead to disruptions in an individual’s work schedule, childcare, attendance at worship services, and much more. Fortunately, Indiana has created special provisions for individuals in this position. This exception, which is relatively new (having been implemented in January of 2015), falls under the title of “Specialized Driving Privileges” (“SDP”). The newer law expands the eligibility afforded under the older “hardship license” laws. If you have recently had your license suspended, continue reading to learn how you might be able to benefit from Specialized Driving Privileges.
The Review
Specialized Driving Privileges are covered under 9-30-16 of the Indiana Code.
There are several classes of individuals who are ineligible to petition for Specialized Driving Privileges:
- A person who has never had a valid Indiana driver’s license.
- A Person who holds a commercial driver’s license.
- A person who has refused to submit to a chemical test offered under I.C. 9-30-6.
- A person who has been convicted of an offense while operating a motor vehicle which resulted in the death of another person.
- A person who was previously granted Specialized Driving Privileges, but has had more than one conviction for violating I.C. 9-30-16-5.
If you do not fall under one of these categories of ineligibility, you are qualified to seek Specialized Driving Privileges. This leaves open a wide door to people who can petition for SDP.
The Petition
The SDP law states that an individual seeking these privileges must file an SDP petition “in each court that has ordered or imposed a suspension of the individual’s driving privileges.” The petition must meet the following requirements:
- It must be verified (this means the petitioner must sign the petition and attest to its accuracy).
- It must state the petitioner’s age, date of birth, and address.
- It must state the grounds for relief and the relief sought.
- It must be filed in a circuit or superior court.
- It must be served on the Bureau of Motor Vehicles and the prosecuting attorney (if applicable).
The Review & Decision
After your petition has been filed, a hearing date will be set. The hearing may be dispensed with if you are able to reach an agreement with the prosecutor, and both parties are able to come to what is known as an “agreed judgment.” If you meet all of the statutory requirements and are not ineligible, the court may stay your driving suspension and grant specialized driving privileges for at least 180 days. Once granted specialized driving privileges, you will need to also comply with the following requirements:
- Maintain proof of insurance throughout the period of the SDP.
- Carry a copy of the order granting SDP or have the order in your vehicle.
- Produce a copy of the SDP any time it is requested by a police officer.
- Carry a valid state ID or driver’s license.
Conclusion
A driving suspension in Indiana can cause significant disruptions in one’s life. Fortunately, there is hope for those who have recently received a suspension, in the form of Specialized Driving Privileges. If you have recently received a license suspension, consider speaking with an experienced attorney today to determine if you qualify, and begin the path towards getting on the road again.
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
