If your driver’s license has been suspended, the state of Indiana may be willing to grant special driving privileges to you, so you can perform basic tasks. The law office of Banks & Brower can help you navigate the process and get back on the road as soon as possible.
Indiana code 9-30-16 allows certain Indiana drivers with suspended licenses to receive specialized driving privileges. Previously, this was called a Hardship License.
What is a Hardship License?
The purpose of this law is to allow people who are eligible to be able to drive with certain restrictions in place. The limitations may include:
- Going to and from work
- Transporting children to and from school or daycare
- Driving for medical appointments
- Getting to and from court appearances
- Driving between certain hours
The car may be required to be equipped with an ignition interlock device that requires the driver to breath into it before the car will start. This is a personal breathalyzer that will keep the car from starting if the driver fails the test.
There are a wide variety of reasons for the suspension of driving privileges. Whether it stems from unpaid child support or a DUI will affect the length of the suspension and the stipulations of the driving privileges.
Taking advantage of specialized driving privileges can help you get back on your feet quickly. For example, if you have to pay off fines to be able to get your license back, using specialized driving privileges to get to and from work will help you pay the fines faster.
Filing Own Petition
There are many resources online to help people try to file their own petition, but this choice can backfire for a couple of reasons:
- The petitioner must describe what the legal grounds are for the relief and what relief is being requested. You need to say why you think you should get specialized driving privileges and what you are requesting from the judge. This is the most important part of the process and should be done by someone with the expertise necessary to make a proper request in a format that the judge will approve, or it may be denied.
- The prosecuting attorney is one of the entities that must be served with the petition. There may be a prosecutor attending the hearing and arguing the case for not granting your request. It is important that your petition is air-tight and professional in this situation.
After the Petition Is Granted
There are strict rules that must be followed while driving on a specialized driving permit. If you do not follow these requirements, your privileges can be revoked.
- Keep proof of future financial responsibility insurance
- Have a copy of the court order granting the permit with you while driving
- Show the court order anytime a police officer requests to see it
It is not unusual for a judge to stipulate additional requirements that must be met throughout the duration of the permit.
Contact Banks & Brower | Free Consultations Available
Being able to get to and from work and transport your children to and from school are critical to getting back on your feet and taking care of your family. Whether or not specialized driving privileges are granted is completely up to the court hearing the petition. It is at the judge’s discretion, so having an attorney who is familiar with the process can greatly impact the outcome of the request.
The attorneys at Banks & Brower LLC have the expertise, compassion, and dedication necessary to navigate the complexities of the legal system. Call today to discuss your case and find out how we can help.
