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

Indiana § 9-30-6-10

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

Text

(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.]

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.13; P.L.2-2005, SEC.38.