In 2015, Indiana put a new law into place that made obtaining a specialized driving permit more attainable for certain drivers. For those who have had their license suspended, obtaining a hardship license is a huge help. If you need to get to work, get to doctor’s appointments, or take care of a loved one, but are unable to because your license is suspended, you should see if you are eligible for a specialized driving permit.
Petitioning for Specialized Driving Privileges
Your driving privileges might be temporarily reinstated by the court that first imposed the suspension or by the Indiana Bureau of Motor Vehicles.
This petition must meet the following criteria:
- Must be signed and verified by the driver
- Must state the driver’s address, birthday, and age.
- Must state the reason that the driver seeks a specialized permit.
- Must be filed in the county in which the driver is a current resident.
- Must be filed in a circuit or superior court in the county that the driver resides in.
- Must be served on the prosecuting attorney and the Indiana Bureau of Motor Vehicles.
Determining who is granted specialized driving privileges is done on a case by case basis. A judge will make the ultimate decision, but the eligible driver may request very broad or very narrow driving privileges, as necessary in their particular circumstances.
Eligibility for a Specialized Driving Permit in Indiana
The good news is that a majority of drivers are allowed to petition for specialized driving privileges. However, there are several circumstances that exclude a driver from eligibility.
Drivers who may not apply for specialized driving privileges include the following:
- Drivers who haven’t ever possessed a valid driver’s license in Indiana
- Drivers who are commercially licensed
- Drivers who refused submission to a chemical test
- Drivers who were convicted of operating a vehicle that caused another’s death
- Drivers who previously had a specialized permit and were convicted of violating the terms of their specialized driving privileges.
After a driver has been granted specialized driving privileges, that individual must provide and maintain financial responsibility insurance, carry a copy of the court order that grants the driving privileges and be able to produce a copy of that court order when requested by an officer.
Contact a Fort Wayne Criminal Defense Attorney to Learn More!
If you have a suspended license, speak with a trusted and experienced Fort Wayne criminal defense lawyer from Arnold Terrill, P.C. Our firm can walk you through your legal options and help you reach a favorable solution to your circumstances.
Contact us today for more information!