Indiana § 9-30-6-10 Judicial hearing; petition; issues; findings; county prosecutor to
represent state; burden of proof; appeal

Indiana Statutes

§ 9-30-6-10 — Judicial hearing; petition; issues; findings; county prosecutor to represent state; burden of proof; appeal

Indiana·Title 9 MOTOR VEHICLES·Art. 30 GENERAL PENALTY PROVISIONS·Ch. 6 Implied Consent; Administrative and Evidentiary Matters

(a)A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing. The person may file a petition that requests a hearing:

(1)in the court where the charges with respect to the person's operation of a vehicle are pending; or

(2)if charges with respect to the person's operation of a vehicle have not been filed, in any court of the county where the alleged offense or refusal occurred that has jurisdiction over crimes committed in violation of IC 9-30-5.

(b)The petition for review must:

(1)be in writing;

(2)be verified by the person seeking review; and

(3)allege specific facts that contradict the facts alleged in the probab

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A person against whom an ignition
interlock device order has been issued under section 8.5 of this chapter
or whose driving privileges have been suspended under section 9 of
this chapter is entitled to a prompt judicial hearing. The person may file
a petition that requests a hearing:
(1) in the court where the charges with respect to the person's
operation of a vehicle are pending; or
(2) if charges with respect to the person's operation of a vehicle
have not been filed, in any court of the county where the alleged
offense or refusal occurred that has jurisdiction over crimes
committed in violation of IC 9-30-5.
(b) The petition for review must:
(1) be in writing;
(2) be verified by the person seeking review; and
(3) allege specific facts that contradict the facts alleged in the
probable cause affidavit.
(c) The hearing under this section shall be limited to the following
issues:
(1) Whether the arresting law enforcement officer had probable
cause to believe that the person was operating a vehicle in
violation of IC 9-30-5.
(2) Whether the person refused to submit to a chemical test
offered by a law enforcement officer.
(d) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were suspended under
section 9(b) of this chapter and that the person did not refuse to
submit to a chemical test;
the court shall order the bureau to rescind the ignition interlock device
requirement or reinstate the person's driving privileges.
(e) The prosecuting attorney of the county in which a petition has
been filed under this chapter shall represent the state on relation of the
bureau with respect to the petition.
(f) The petitioner has the burden of proof by a preponderance of the
evidence.
(g) The court's order is a final judgment appealable in the manner
of civil actions by either party. The attorney general shall represent the
state on relation of the bureau with respect to the appeal.
[Pre-1991 Recodification Citation: 9-11-4-10.]

Indiana § 9-30-6-10 (Judicial hearing; petition; issues; findings; county prosecutor to represent state; burden of proof; appeal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.