2827 Lincolnway East

Mishawaka, Indiana 46544

Telephone:  (574) 255-1776

Text:  (574) 400-5292 (law2)

Fax:  (574) 255-2341

GaryGriner@GrinerLaw.com

In every case, we will treat our clients with respect and work hard to achieve the best results

License Suspensions

LICENSE SUSPENSIONS:

If your Indiana driver's license is suspended, we may be able to help you.  In many situations, the law allows for a Stay of Suspension or Specialized Driving Privileges which is a kind of hardship license or probationary license.

Usually, we are able to petition for Specialized Driving Privileges in the county where you live.  Most judges realize that getting back and forth to work and handling other essential tasks can be impossible without driving.  So usually judges will grant these petitions - at least allowing you to drive for work.

Whether you qualify is somewhat complicated and depends on your specific circumstances.  As part of our confidential and non-binding consultation, we will review your driving record and determine whether you qualify and if we believe a judge will grant the petition.  We'll also give you a flat fee quote for the entire process.

There are two Indiana statutes that outline the qualifications and process of Specialized Driving Privileges.  They are Indiana Code 9-30-16-3 and 9-30-16-4.  The actual text of those statutes is below.

IC 9-30-16-3 Stay of suspension; specialized driving privileges; operation of vehicle requiring commercial driver's license prohibited Sec. 3. (a) If a court orders a suspension of driving privileges under this chapter, or imposes a suspension of driving privileges under IC 9-30-6-9(c), the court may stay the suspension and grant a specialized driving privilege as set forth in this section. (b) Regardless of the underlying offense, specialized driving privileges granted under this section shall be granted for at least one hundred eighty (180) days. (c) Specialized driving privileges must be determined by a court and may include, but are not limited to: (1) requiring the use of certified ignition interlock devices; and (2) restricting a person to being allowed to operate a motor vehicle: (A) during certain hours of the day; or (B) between specific locations and the person's residence. (d) A stay of a suspension and specialized driving privileges may not be granted to a person who has previously been granted specialized driving privileges and the person has more than one (1) conviction under section 5 of this chapter. (e) A person who has been granted specialized driving privileges shall: Indiana Code 2015 (1) maintain proof of future financial responsibility insurance during the period of specialized driving privileges; (2) carry a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by the person; (3) produce the copy of the order granting specialized driving privileges upon the request of a police officer; and (4) carry a validly issued state identification card or driver's license. (f) A person who holds a commercial driver's license and has been granted specialized driving privileges under this chapter may not, for the duration of the suspension for which the specialized driving privileges are sought, operate any vehicle that requires the person to hold a commercial driver's license to operate the vehicle. (g) A person may independently file a petition for specialized driving privileges in the court from which the ordered suspension originated. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015.

SEC.124. IC 9-30-16-4 Petition for specialized driving privileges Sec. 4. (a) A person whose driving privileges have been suspended by the bureau by an administrative action and not by a court order may petition a court for specialized driving privileges as described in section 3(b) through 3(e) of this chapter. (b) A petition filed under this section must: (1) be verified by the petitioner; (2) state the petitioner's age, date of birth, and address; (3) state the grounds for relief and the relief sought; (4) be filed in the county in which the petitioner resides; (5) be filed in a circuit or superior court; and (6) be served on the bureau and the prosecuting attorney. (c) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this section. (d) A person who was an Indiana resident and whose driving privileges are suspended in Indiana, but who is currently a resident of a state other than Indiana, may petition a court for specialized driving privileges in the county in which the person's most recent Indiana moving violation judgment was entered against the person. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.125.

 

 

 

 

 

2827 Lincolnway East  Mishawaka, IN 46544  |  Telephone:  (574) 255-1776  |  Text:  (574) 400-5292 (law2)  |  Fax:  (574) 255-2341

Gary Griner@GrinerLaw.com

Copyright 2017 GrinerLaw.com / Site By CW Productions

 

The information contained within this website is not legal advice.  To obtain legal advice you must consult with an attorney at GRINER & COMPANY, ATTORNEYS AT LAW.  The material in this website is only for information purposes and may not be up to date.  Nothing in this website is intended to create an attorney-client relationship.  GRINER & COMPANY, ATTORNEYS AT LAW are licensed to practice law only in the State of Indiana.

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