A lifetime suspension of driving privileges is a harsh penalty that has far reaching consequences for you and your family. Having reliable transportation is essential for holding down a job, attending to medical needs, and transporting children to and from school.
People in Indiana with suspended licenses may be eligible for complete reinstatement or partially restricted privileges. A law office with the expertise of Banks & Brower LLC can help.
Partially Restricted Privileges
Indiana law allows for specialized driving privileges even with a lifetime suspension. This special permit can allow a person to drive under pre-defined circumstances. A judge may grant the privilege of being able to drive to and from work, transport children to school or daycare, or go to the doctor for appointments or medical treatments. It may be decided that driving will be allowed only during certain hours of the day or other stipulations.
Under certain circumstances, a license that has been suspended for life may be reinstated without restriction. This rescinds the lifetime suspension and the driver has the all the same privileges as they did before the suspension. If the following qualifications are met, it may be possible to have the suspension rescinded:
- The original order suspending the license for life was issued at least ten years ago.
- The driver must not have ever had a driving conviction involving a person’s death or for leaving the scene of an accident that resulted in injury or death.
In certain circumstances, the petition may be filed after three years. Your suspension must have been the result of driving on a suspended license, or a suspension based on infractions only. Additionally, you must not have any of the following convictions on your record:
- Reckless driving
- Criminal recklessness in a vehicle
- Operating a vehicle while intoxicated (DUI) or with BAC .08 or higher
- Resisting law enforcement
- Drag/speed racing
Creating a Petition
To ask the court to rescind a lifetime suspension, a petition must be created that contains all the following information:
- Petitioner’s name, date of birth, age, and place of residence
- A detailed explanation of why the lifetime suspension was ordered
- A statement that the required time has passed and that the petitioner has not been involved in a violation that resulted in death or left the scene of an accident that resulted in injury or death
- A description of specifically how the petitioner’s circumstances have changed so:
- They no longer pose a risk to others on the road
- The lifetime suspension is no longer reasonable
- Society benefits by the privileges being reinstated
- The petition must be signed by the petitioner
Filing the Petition
Once the petition has been created, it needs to be properly served and filed. If the petitioner still resides in the state of Indiana, it must be filed in the county of residence. If the petitioner has moved out of state, the petition needs to be filed in the county where the final traffic violation conviction took place.
The Bureau of Motor Vehicles must be served along with the Attorney General and the prosecuting attorney in the county of filing. The prosecuting attorney will be the state of Indiana’s representation if a hearing is held.
Without proper representation, your chance for reinstatement diminishes. The experienced attorneys at Banks & Brower LLC can help you prepare, file, and serve the petition and represent you at any hearings. We understand the financial and logistical hardship that a lifetime suspension can cause for you and your family and know how to communicate to the court with the highest chance of a successful outcome. We want to help. Call today to discuss the next step to getting your license back.