§ 9-30-16-3.5 — Temporary or worksite speed limit violations; specialized driving privileges; expiration and termination of specialized driving privileges

Indiana § 9-30-16-3.5

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 30: GENERAL PENALTY PROVISIONS
• Ch. 16: Driver's License Suspension Penalties

Text

5. (a) If a court imposes a suspension of
driving privileges under IC 9-21-5-11(f), the court may stay the
suspension and grant a specialized driving privilege as set forth in this
section.
(b) Except as provided in subsection (g), specialized driving
privileges granted under this section shall be granted for a period of
time as determined by the court. A court, at its discretion, may set
periodic review hearings to review an individual's specialized driving
privileges.
(c) Specialized driving privileges granted under this section:
(1) must be determined by a court; and
(2) are limited to restricting the individual to being allowed to
operate a motor vehicle between the place of employment of the
individual and the individual's residence.
(d) An individual who has been granted specialized driving
privileges under this section shall:
(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
individual;
(3) produce the copy of the order granting specialized driving
privileges upon the request of a police officer; and
(4) carry a validly issued driver's license.
(e) An individual 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 a motor vehicle that requires the
individual to hold a commercial driver's license to operate the motor
vehicle.
(f) An individual who seeks specialized driving privileges must file
a petition for specialized driving privileges in each court that has
ordered or imposed a suspension of the individual's driving privileges.
Each petition 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 court that ordered or imposed the suspension;
and
(5) be served on the bureau and the prosecuting attorney.
A prosecuting attorney shall appear on behalf of the bureau to respond
to a petition filed under this subsection.
(g) Whenever a suspension of an individual's driving privileges
under this chapter is terminated because:
(1) the underlying conviction, judgment, or finding that forms the
basis of the suspension is reversed, vacated, or dismissed; or
(2) the individual is acquitted of, found not liable for, or otherwise
found not to have committed the underlying act or offense that
forms the basis of the suspension;
the individual's specialized driving privileges expire at the time the
suspension of the individual's driving privileges is terminated.
(h) The court shall inform the bureau of a termination of a
suspension of driving privileges and expiration of specialized driving
privileges as described under subsection (g) in a format designated by
the bureau.

Legislative History

As added by P.L.41-2016, SEC.5. Amended by P.L.85-2017, SEC.41; P.L.46-2018, SEC.4; P.L.29-2020, SEC.3.