What Are Specialized Driving Privileges in Indiana?
Under Indiana law, a suspension of driving privileges can occur for a wide range of reasons, including refusal to submit to a chemical test, a criminal conviction, or the accumulation of excess points. Yet in most cases, “specialized driving privileges” are an available option to get back on the road lawfully. What do you need to know about specialized driving privileges?
Our Indianapolis defense lawyers can tell you more about what is involved in specialized driving privileges, how you seek them, and what requirements you must meet. To request specialized driving privileges, you should get in touch with an attorney who can assist you, and our firm is here to help.
What Are Specialized Driving Privileges?
Under Indiana law, whether a person is convicted of an offense involving a motor vehicle, or have been ordered suspended by the Indiana BMV, they can seek to “receive a stay of suspension of their driving privileges” through a “specialized driving privilege” order. In other words, specialized driving privileges is a term that refers to the ability to continue driving — through a stay of a suspension of your driving privileges — with a court order.
The terms of your specialized driving privileges (i.e., the time period in which your suspension is stayed, and you can drive) will be set by the court, and there may be periodic review hearings concerning your specialized driving privileges.
Requirements for Seeking Specialized Driving Privileges
In general, if your driving privileges have been suspended, whether that is because of a conviction for an offense involving a motor vehicle, or the Indiana BMV has suspended your license, you must meet certain requirements, to be eligible. Examples include holding an Indiana driver’s license or being an Indiana resident at the time of the offense or the time the suspension was issued. There are other potential requirements to consider on a case-by-case basis that you should discuss with your lawyer.
In addition, it is important to know that there are certain people who will automatically be ineligible for specialized driving privileges. Those categories include the following:
- Never an Indiana resident;
- Driving privileges suspended because you were deemed incompetent or unfit to operate a motor vehicle;
- Your conviction was for a vehicle offense in which the motor vehicle caused another person’s death; or
- Driving privileges were suspended for unlawfully passing a school bus
How to Seek Specialized Driving Privileges
To seek specialized driving privileges, you must file a verified petition that includes information such as:
- Your age, birth date, and address;
- Grounds for your petition for specialized driving privileges;
- Relief (specialized driving privileges) you are seeking.
If the suspension is due to a conviction, you would file the petition in the court where your license was suspended. If the Indiana BMV suspended your license, the petition would be filed in your county of residence.
Contact an Indianapolis Specialized Driving Privileges Attorney
If you need help with a petition for specialized driving privileges, an experienced Indianapolis license rehabilitation attorney at Rigney Law LLC can begin working with you on your case. Contact us today for help.
Sources:
codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-30-16-1/
codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-30-16-3/
in.gov/courts/iocs/files/pubs-trial-court-driving-privileges.pdf
