One of the biggest mistakes drivers make is thinking that the "points" on their license are their biggest concern. In fact, of all the suspensions given by the Courts and the Bureau of Motor Vehicles (BMV), a suspension for an accumulation of "points" is actually rare.
Pursuant to Indiana Law, if a person accumulates a large amount of points within a designated period of time, the Bureau can require a driver to attend a hearing at a designated location before a BMV hearing officer where the officer will decide what punishment, if any, the driver should receive.
For instance, a person who accumulates 18 points within a two year period will be required to attend a BMV "points" hearing. 140 I.A.C. 1-4.5-4. At the hearing, the officer will determine whether to do nothing, to place the driver on probation, or to suspend the person's drivers license. The same procedure takes place if a person receives three moving violations within two years.
It is thus important for a driver to take advantage of "Deferral" programs to help keep point totals low. Often, if the Court or the Government does not offer a "Deferral" program, a lawyer trained in traffic law may still be able to get his or her client into such a program.
The truth regarding drivers licenses is that the most dangerous suspensions come from convictions and adjudications of offenses such as Operating While Suspended or OWS (whether a misdemeanor or infraction); Operating While Intoxicated or OWI/DWI/DUI; and Leaving the Scene of the Accident. (See our other sections regarding Operating While Suspended and License Suspensions in general.)
It is also important to note that the Courts often do not notify you that you WILL be suspended if you admit to such charges. And, in many cases, the suspension you would receive would be for at least 90 days, and you would NOT be able to obtain even a license to go to work. It is important that you always discuss pending traffic matters with a qualified attorney. Often, a single phone call can save a lengthy license suspension.
