Beginning July 1, 2015, important changes go into effect concerning Indiana’s specialized driving privileges law. As Indianapolis attorneys, Black Clay LLC keeps Hoosiers up-to-date on state law. Here are the 3 most important changes affecting suspended driving in Indiana:
1. Some drivers who are suspended for life will now be able to get their “lifetime suspension” removed.
Through the process of “rescission”, Indiana drivers who are currently serving lifetime suspensions to their driving privileges may now be eligible to have their suspensions removed. Generally, a person with a lifetime suspension can petition the Court to terminate the lifetime suspension if it has been more than three years since their lifetime suspension went into effect and the person has not been convicted for operating a vehicle during the lifetime suspension.
If you have been convicted for operating during their lifetime suspension, you may still pursue specialized driving privileges under Indiana Code section 9-30-16. Please see our previous post on Specialized Driving Privileges, or call us at (317) 580-9007 to discuss your options.
2. Out of State individuals with Indiana suspensions are now eligible for Specialized Driving Privileges.
Under the former version of the statute, which required drivers to file for specialized driving privileges in the Indiana county where they resided, out of state individuals with Indiana suspensions appeared to have no relief. Now, so long as a driver has a suspension from an Indiana court to their driving privileges, that person can seek specialized driving privileges from an appropriate Indiana court. If you are an individual who lives outside of the state with a suspension in Indiana, Black Clay LLC’s attorneys have sought and gained driving privileges for individuals in Courts all across Indiana.
3. If you have been charged with Operating While Intoxicated (commonly referred to as DUI), you are likely facing an immediate suspension while your case is pending.
An attorney familiar with Indiana’s Specialized Driving Privileges can assist you in ensuring that you can drive and maintain employment while your case is pending. Petitioning for specialized driving privileges before your initial hearing is critical, as the court has the authority to suspend you effective immediately upon finding probable cause at an initial hearing. Under the amended law, if you have been suspended for failing a chemical test or for probable cause, you can still obtain specialized driving privileges while your case is pending, and the time you spend with specialized driving privileges may be credited towards any future suspension.
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