§ 9-30-10-14.2 — Petition filed after June 30, 2016; burden of proof; order rescinding suspension order or granting driving privileges; terms and conditions

Indiana § 9-30-10-14.2

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 30: GENERAL PENALTY PROVISIONS
• Ch. 10: Habitual Violator of Traffic Laws

Text

2. (a) Upon receiving a petition filed after
June 30, 2016, under section 14.1 of this chapter, a court shall set a
date for hearing the matter and direct the clerk of the court to provide
notice of the hearing date to the following parties:
(1) The petitioner.
(2) The prosecuting attorney of the county where the petitioner
resides.
(3) The bureau.
(b) At a hearing described in subsection (a), the petitioner must
prove the following by a preponderance of the evidence:
(1) The petitioner has no prior convictions for a violation
described in section 4(a) of this chapter.
(2) The petitioner no longer presents a safety risk to others while
operating a motor vehicle.
(3) The ongoing suspension of the petitioner's driving privileges
is unreasonable.
(4) The reinstatement of the petitioner's driving privileges serves
the best interests of society.
(5) If the petitioner is seeking reinstatement under section 14.1(b)
of this chapter, at least ten (10) years have elapsed since the
suspension of the petitioner's driving privileges.
(6) If the petitioner is seeking reinstatement under section 14.1(f)
of this chapter, at least three (3) years have elapsed since the
suspension of the petitioner's driving privileges.
(c) If the court finds that a petitioner meets all applicable
requirements in subsection (b), the court may do the following:
(1) Rescind the order requiring the suspension of the petitioner's
driving privileges.
(2) Grant driving privileges:
(A) for a specified period; and
(B) subject to conditions under subsection (d).
(d) In an order issued under subsection (c)(2), the court may impose
one (1) or more of the following conditions on the petitioner's driving
privileges:
(1) Specified hours during which the petitioner may operate a
motor vehicle.
(2) An order prohibiting the petitioner from operating a motor
vehicle:
(A) with an alcohol concentration equivalent to at least two
hundredths (0.02) of a gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath; or
(B) while intoxicated (as defined under IC 9-13-2-86).
(3) Electronic monitoring to determine the petitioner's compliance
with subdivision (2).
(4) Use of a vehicle equipped with an ignition interlock device.
(5) Submission to a chemical breath test as part of a lawful traffic
stop conducted by a law enforcement officer.
(6) Use of an electronic monitoring device that detects and
records the petitioner's use of alcohol.
The court shall specify, in the order, the conditions under which the
petitioner may be issued driving privileges to operate a motor vehicle.
(e) An individual who has been granted driving privileges under
subsection (c)(2) shall:
(1) carry a copy of the order granting driving privileges or have
the order in the vehicle being operated by the individual; and
(2) produce the copy of the order granting driving privileges upon
the request of a police officer.
(f) After the fulfillment of any imposed conditions specified by the
court under subsection (d) and upon notice from the court, the bureau
shall terminate the petitioner's lifetime suspension.
(g) If the bureau receives a judicial order granting rescission of a
suspension order under subsection (c) for an individual who, according
to the records of the bureau, does not qualify for the rescission of a
suspension order, the bureau shall do the following:
(1) Process the judicial order and notify the prosecuting attorney
of the county from which the order was received that the
individual is not eligible for the rescission of the suspension order
and reinstatement of driving privileges.
(2) Send a certified copy of the individual's driving record to the
prosecuting attorney described in subdivision (1).
Upon receiving a certified copy under subdivision (2), the prosecuting
attorney shall, in accordance with IC 35-38-1-15, petition the court to
correct the court's order. If the bureau does not receive a corrected
order within sixty (60) days of sending the petitioner's driving record
to the prosecuting attorney described in subdivision (1), the bureau
shall notify the attorney general, who shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order within sixty
(60) days of receiving notice from the bureau.
(h) An order reinstating a petitioner's driving privileges is a final
order that may be appealed by any party to the action.

Legislative History

As added by P.L.198-2016, SEC.603. Amended by P.L.178-2019, SEC.62.