1.
(a)The bureau shall suspend or revoke the
current driver's license or driving privileges of an individual who is
convicted of any of the following:
(1)Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2)Knowingly making a false application, or committing perjury
with respect to an application made, under:
(B)any other law requiring the registration of motor vehicles or
regulating motor vehicle operation on highways.
(3)Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4)Failure to stop and give information or assistance or failure to
stop and disclose the individual's identity at the scene of an
accident that has resulted in death, personal injury, or prop
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1. (a) The bureau shall suspend or revoke the
current driver's license or driving privileges of an individual who is
convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Knowingly making a false application, or committing perjury
with respect to an application made, under:
(A) this chapter; or
(B) any other law requiring the registration of motor vehicles or
regulating motor vehicle operation on highways.
(3) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4) Failure to stop and give information or assistance or failure to
stop and disclose the individual's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
(b) The bureau shall suspend a driver's license or driving privileges
of an individual upon conviction in another jurisdiction for the
following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Knowingly making a false application, or committing perjury
with respect to an application made, under:
(A) this chapter; or
(B) any other law requiring the registration of motor vehicles or
regulating motor vehicle operation on highways.
(3) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4) Failure to stop and give information or assistance or failure to
stop and disclose the individual's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
However, if property damage under subdivision (4) is equal to or less
than two hundred dollars ($200), the bureau may determine whether
the driver's license or driving privileges shall be suspended or revoked.
(c) An individual whose driving privileges are suspended under this
chapter is eligible for specialized driving privileges under IC 9-30-16.
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the individual as follows:
(1) Except as provided in subdivision (2), for six (6) months after
the date of conviction or on the date on which the individual is
otherwise eligible for a license, whichever is later.
(2) Upon conviction of an offense described in subsection (a)(1),
(a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
for a fixed period of at least two (2) years and not more than five
(5) years, to be fixed by the bureau based upon recommendation
of the court entering a conviction. A new or reinstated driver's
license or driving privileges may not be issued to the individual
unless that individual, within the three (3) years following the
expiration of the suspension or revocation, gives and maintains in
force at all times during the effective period of a new or reinstated
license proof of financial responsibility in the future in the
manner specified in this chapter. However, the liability of the
insurance carrier under a motor vehicle liability policy that is
furnished for proof of financial responsibility in the future as set
out in this chapter becomes absolute whenever loss or damage
covered by the policy occurs, and the satisfaction by the insured
of a final judgment for loss or damage is not a condition precedent
to the right or obligation of the carrier to make payment on
account of loss or damage, but the insurance carrier has the right
to settle a claim covered by the policy. If the settlement is made
in good faith, the amount must be deducted from the limits of
liability specified in the policy. A policy may not be canceled or
annulled with respect to a loss or damage by an agreement
between the carrier and the insured after the insured has become
responsible for the loss or damage, and a cancellation or
annulment is void. The policy may provide that the insured or any
other person covered by the policy shall reimburse the insurance
carrier for payment made on account of any loss or damage claim
or suit involving a breach of the terms, provisions, or conditions
of the policy. If the policy provides for limits that exceed the
limits specified in this chapter, the insurance carrier may plead
against any plaintiff, with respect to the amount of the excess
limits of liability, any defenses that the carrier may be entitled to
plead against the insured. The policy may further provide for
prorating of the insurance with other applicable valid and
collectible insurance. An action does not lie against the insurance
carrier by or on behalf of any claimant under the policy until a
final judgment has been obtained after actual trial by or on behalf
of any claimant under the policy.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of an individual in
another state.
(f) A suspension or revocation under this section or IC 9-30-13-0.5
stands pending appeal of the conviction to a higher court and may be
set aside or modified only upon the receipt by the bureau of the
certificate of the court reversing or modifying the judgment that the
cause has been reversed or modified. However, if the suspension or
revocation follows a conviction in a court of no record in Indiana, the
suspension or revocation is stayed pending appeal of the conviction to
a court of record.
(g) A person aggrieved by an order or act of the bureau under this
section or IC 9-30-13-0.5 may file a petition for a court review.
(h) An entry in the driving record of a defendant stating that notice
of suspension or revocation was mailed by the bureau, or sent
electronically if the defendant has indicated a preference for receiving
notices from the bureau electronically, to the defendant constitutes
prima facie evidence that the notice was mailed to the defendant's
address as shown in the records of the bureau.
[Pre-2016 Revision Citation: subsection (h) formerly
9-14-3-7(c).]