How Do I Lift My Indiana Habitual Lifetime License Suspension
For years some people in Indiana have been serving lifetime habitual traffic violator suspensions with little recourse. Some of these people have these suspensions based on accumulating several relatively minor infractions. Finally, in July of 2016 the Indiana legislature created a manner in which a person with a lifetime license suspension in Indiana can petition the court to remove their suspension and reinstate their driving privileges.
Who Qualifies? (this applies to most people there is another section below that will apply in limited circumstances)
- If you have had your license suspended for life, and;
- At least 10 years has passed since the order suspending your license for life, and;
- You must NOT have a driving conviction that involved the death of another person or left the scene of an accident where a person died or was injured.
What Must the Petition Establish?
- The petition must be verified by the petitioner (ie. Signed as to its truthfulness);
- The petition must state the petitioner’s age, date of birth, and where they live;
- The petition must contain an explanation of what driving offenses led to the person receiving a lifetime suspension;
- The petition must demonstrate how the person’s circumstances have changed, specifically:
- Why the petitioner would no longer pose a risk to the safety of other if their driving privileges were restored;
- These changes in the petitioner makes the continued lifetime suspension unreasonable;
- Lastly, that it is in society’s best interest that the petitioner’s driving privileges be reinstated
- The petition must state the correct amount of time has passed allowing the court to revoke the suspension;
- That the petitioner has not been involved in a driving offense that involved the death of another person or left the scene of an accident where a person was injured or killed;
- The petition must be filed in the county where the petitioner lives, if the petitioner lives outside the state of Indiana, then it must be filed where the most recent moving violation conviction occurred.
Who Must be Served With the Petition?
The petition must be served on the prosecuting attorney of the county where the petition is filed and with the Bureau of Motor Vehicles. Neither party is required to respond. The Prosecutor will represent the State of Indiana in any hearing on the matter.
There is a Special Filing for People with Lifetime Suspensions that were Based Solely on Less Serious Traffic Offenses:
If you are suspended lifetime and you don’t have any of the following convictions you may file this petition if 3 years have passed since your lifetime suspension. IF you have any of these convictions you must follow the process outlined above:
- Any driving conviction that resulted in the death of another person(these convictions don’t qualify under either option);
- Leaving the scene of an accident involving injury to another person(this conviction does not apply under either option);
- Operating a vehicle while intoxicated;
- Operating a vehicle with a .08 or higher;
- Reckless Driving;
- Criminal Recklessness in a Vehicle;
- Drag racing or speed contest
- Leaving the scene of an accident;
- Resisting law enforcement in a vehicle
In closing, there is finally and light at the end of the tunnel for those that have a lifetime suspension to get their license back. The attorneys at Banks & Brower handle license related issues for clients daily. Give our office a call today at 317-434-1258 for a free consultation to see if you might be eligible to have your lifetime driving suspension lifted.
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