SPECIALIZED DRIVING PRIVILEGES (Prior Law Was Termed – Hardship License) and HABITUAL TRAFFIC VIOLATOR SUSPENSIONS

   

  HAS THE INDIANA BUREAU OF MOTOR VEHICLES SUSPENDED YOUR DRIVER’S LICENSE ? 

 

ARE YOU SUSPENDED AS A 5 YEAR OR 10 YEAR –  HABITUAL TRAFFICE OFFENDER ?

ARE YOU UNDER A LIFETIME SUSPENSION OF YOUR DRIVING PRIVILEGES ?        

OR SIMPLY SUSPENDED FOR REPEAT INSURANCE VIOLATIONS OR POINTS ?

 

THERE ARE SUBSTANTIAL CHANGES TO INDIANA LAW INVOLVING ALL SUSPENSIONS OF DRIVING PRIVILEGES  – THAT BEGAN IN JANUARY 2015      

             THE MOST SIGNIFICANT CHANGES HAVE COME IN THE FORM OF PUBLIC LAW HEA  1279:

      ‘SPECIALIZED DRIVING PRIVILEGES’ LAW    (SDP) 

 

        THE NEW  SDP LAW HAS BEEN ONE OF THE MOST HELPFUL PIECES OF LEGISLATION INDIANA HAS PASSED IN DECADES

IT IS ALLOWING PEOPLE WITH 5 AND 10 YEAR – AND EVEN LIFETIME – SUSPENSIONS TO GET TO AND FROM WORK

LET US HELP YOU BE ONE OF THOSE FOLKS ABLE TO DRIVE AGAIN 

 (Legally that is. )

                 

     WE’VE HELPED HOOSIERS ALL ACROSS CENTRAL INDIANA

GET BACK TO WORK

 AND DRIVING LEGALLY

 

 

 SECTIONS OF INDIANA LAW Prior to January 1, 2015.

      HARDSHIP LICENSE / PROBATIONARY LICENSE  –  HAS NOW BEEN REPEALED                  

      (A)  HABITUAL TRAFFIC VIOLATOR – Still intact 

      (B)  HABITUAL SUBSTANCE OFFENDER  – Still intact, with modifications

        HARDSHIP LICENSE:  I.C.  9-24-15-1, et. seq.    Is NO LONGER controlling law.

      SPECIALIZED DRIVING PRIVILEGES HAS  superceded any Hardship provisions.    

 

(A)  HABITUAL TRAFFIC VIOLATOR –  I. C. 9-30-10-1 thru 18:     STILL CURRENT LAW 

  1.  10 Year License Suspension – If 2 Major/Injury Violations
  2.  10 Year Suspension if  3 violations within a 10 year period for OWI/ DWS/ Reckless Driving etc.,
  • {There is prior provision under the Probationery License statute that permitted after the first 5 year suspension, that this person may obtain a probationary license for the second 5 year period of that 10 year suspension.   That provision no longer exists. }

3.   5  year suspension if one OWI/Reckless etc. with an accumulation of ten traffic moving violations

  • {These folks who never even thought they could be found to be a Habitual Traffic Offender are those with the 5 year suspension status.   They who have mostly accumulated a lot of speeding tickets and moving violations.   The good news on these suspensions though is that the person facing the 5 year suspension may be able to obtain a Hardship License (SDP) quickly even after they are determined by the BMV to be Habitual.}

(B)  HABITUAL SUBSTANCE OFFENDER :  This is considered an ‘enhancement statute’ whereby you can receive an additional sentence on top of whatever sentence you receive on your underlying or predicate offense.   (SEE OUR PREVIOUS SECTION ON HSO BEING ELIMINATED IN FAVOR OF HVSO as of January 1, 2015.    Now requires the prior conviction to be ‘vehicular’ related.)  

Essentially, based on your prior criminal history, you can be determined to be what Indiana titles an Habitual Substance Offender if you have accumulated two prior ‘substance abuse related’ convictions prior to the case you are currently facing.    Most often the prior convictions are for OWI / DUIW/ DWI type offenses and possession of marijuana or other controlled substances.

This HSO as well as HVSO statute is being used more and more throughout central Indiana Prosecutors Offices as bargaining leverage to obtain an overall plea agreement.  It can be an effective tool for the prosecution because it is only your ‘status’ with prior convictions that needs to be proven to get the additional time in jail or prison.

 

  THE NEW LAW IS  :   ‘SPECIALIZED DRIVING PRIVILEGES

 

 1.    IT IS INDIANA CODE Section 9-30-16-1, et. seq.   It HAS REPEALED MOST MANDATORY SUSPENSIONS UNDER PRIOR LAW,  including the language of Hardship License.

2. Grants Broad Discretion to the Court regarding driving privileges conditions and the duration of the suspension.  The Court can impose a variety of restrictions if granting an SDP.

3.  The minimum period of the SDP is 180 days.   The maximum can be up to  the maximum period of incarceration for the offense the Defendant is facing.   (I.C. 9-30-16-3(b).

4.  You were ineligible for SDP if you never had a valid Indiana Drivers license (though that provision has recently been eliminated ); ineligible if  you hold a CDL license and want an SDP for that CDL purposes; if your suspension is for an offense that includes the element of causing death;  if your current situation involves a ‘refusal’ to submit to chemical test;  and if you violate the conditions of your Court imposed SDP.

    THESE ARE FUNDAMENTAL CHANGES to some of the mandatory suspensions that have plagued people for years in Indiana.    It is also discretionary with the Judge whose Court is handling your case.    And with that discretion the Judge is allowed to deny these SDP requests if he or she so chooses.     If granted, that      Judge can and will impose conditions, like what hours a person is allowed to drive, what routes they take to and from work, and whether of not Ignition Interlock will be placed on the person’s vehicle.

                                                                                          …………..

             

            

      HTV SUSPENSIONS ARE NOW SUBJECT TO ‘SPECIALIZED DRIVING PRIVILEGES’
    EQUALLY IMPORTANT, LIFETIME SUSPENSIONS CAN NOW OBTAIN SPECIALIZED DRIVING PRIVILEGES  (In the past, termed Hardship License.) 

 

IT IS PROVING TO BE ONE OF THE BEST LAWS WE’VE PASSED IN YEARS.

 

IF YOU HAVE BEEN SUSPENDED FOR ANY PERIOD OF TIME

CALL US IF YOU THINK YOU WANT TO PURSUE

A ‘SPECIALIZED DRIVING PRIVILEGE’ 

 
SO MANY GOOD PEOPLE IN INDIANA HAVE BEEN WAITING FOR YEARS TO HAVE THE OPPORTUNITY TO DRIVE AGAIN.
 SOME, THEIR ONLY CRIME HAS BEEN DRIVING AFTER A SUSPENSION THEY ACQUIRED IN THEIR YOUTH.

 

  WE HAVE HELPED HUNDREDS IN THE INDIANAPOLIS AND SURROUNDING AREA GET BACK TO WORK
AND OBTAIN THE SPECIALIZED DRIVING PRIVILEGES SINCE THIS FIRST BECAME LAW
 …………………

 

WE WILL BE HONORED TO SEE IF WE CAN DO THE SAME FOR YOU. 

 

CALL US TO FIND OUT :    317-722-0073