Habitual Traffic Violator for Life in Indiana
Suspended for life? It’s possible to get your life back.
Can you imagine never driving again for the rest of your life? This devastating thought is a reality for many who have been told by a judge and/or the BMV that their driving privileges have been suspended for life.
Fortunately, relief exists. Indiana Code 9-30-10-14.1 sets forth the ability to rescind a lifetime suspension of driving privileges. However, this privilege does not apply to anyone whose lifetime suspension was a result of acquiring at least 2 convictions for operating a while intoxicated or with an alcohol concentration of at least .08 which resulted in death. Nor is the privilege available for anyone whose lifetime suspension resulted from the person being a habitual traffic violator who then committed a new offense which involved the operation of a motor vehicle and caused serious injury or death.
There are two scenarios which allow an individual to petition for rescission of the lifetime suspension. The first scenario, according to IC 9-30-10-14.1(b), requires the following conditions to exist:
(1) Ten years have passed since the order requiring a lifetime suspension was issued; and
(2) The person must have never been convicted of a violation under IC 9-30-10-4(a).
The second scenario, pursuant to IC 9-30-10-14.1(f), requires the following conditions:
(1) Three years have passed since the lifetime suspension order was issued;
(2) The lifetime suspension resulted from a conviction for operating a motor vehicle while the person’s driving privileges were suspended because of being a habitual traffic violator; and
(3) The petitioner has never been convicted of a violation under 9-30-10-4(a) or 4(b)
In addition to the requirements listed above, a petition for recission under either scenario must meet the following requirements:
(1) It must be verified by the petitioner;
(2) It must provide the petitioner’s age, date of birth, and place of residence;
(3) It must describe the circumstances leading up to the lifetime suspension of the petitioner’s driving privileges;
(4) It must affirm there has been a substantial change in the petitioner’s circumstances that:
a. Indicates the person no longer poses a risk to the safety of others;
b. Makes the lifetime suspension unreasonable; and
c. Indicates it’s in the best interest of society for the driving privileges to be reinstated.
(5) It must provide that the required time has passed since the lifetime suspension was issued (10 years or 3 years, depending which statute is being followed)
(6) It must provide that the petitioner has never been convicted of an offense listed in 9-30-10-4(a)
Since June 30, 2016, once a petition to rescind a lifetime suspension is filed, the court must schedule the matter for a hearing. At this hearing, the petitioner must prove the following by a preponderance of the evidence:
(1) The petitioner has no prior convictions for a violation under 9-30-10-4(a);
(2) The petitioner no longer presents a safety risk to others while operating a motor vehicle;
(3) The ongoing suspension is unreasonable;
(4) That reinstatement of the driving privileges serves the best interest of society;
(5) Either 10 years or 3 years have elapsed depending on which section the petition is being filed under.
If the court finds that all of the requirements listed above exist, it may rescind the order requiring the license suspension and order the BMV to reinstate the driving privileges. If the court orders reinstatement, it may require specialized driving privileges for a specified time and subject to additional terms and conditions, which may include any of the following:
(1) Specified hours in which operation is allowed;
(2) Prohibiting operation of a vehicle if petitioner has an alcohol concentration above .02
(3) Electronic monitoring which detects use of alcohol;
(4) Requiring only the use of a vehicle which has an ignition interlock device; or
(5) Requiring the petitioner to submit to a chemical test resulting from a valid traffic stop.
Obviously, having a court lift a suspension which was supposed to last for the rest of a person’s life is an amazing possibility. Therefore, if you or somebody you know is suffering from a lifetime license suspension, give the experienced attorneys at Banks & Brower, LLC a call today. Our Indianapolis Criminal defense attorneys are available 24/7 at firstname.lastname@example.org or 317.870.0019.