Indiana law considers the ability to drive upon its roads to be a privilege, not a right. As most of us can remember from our parents during childhood at one unlucky time or another, privileges can be yanked: the same goes for driving privileges. There are a large number of driving violations that can result in points on one’s driver record, such as speeding, disregarding traffic control devices or stop signs, improper passing, and so on. Each violation is assessed a certain number of points. If somebody acquires 20 or more points during a 24 month period, then their driving privileges can be suspended for a number of months. The more points a person acquires, the longer their suspension will be. Fortunately, points reset every 24 months. A person who accumulates a certain number or type of judgments during a 10 year period is considered to be a Habitual Traffic Violator, and a Habitual Traffic Violator’s driving privileges can be suspended for 5 years, 10 years, or even life. A person who is charged with an OVWI normally will have their driving privileges suspended for a refusal to submit to a chemical test (blood draw or official breath test) or a Court finding of probable cause for an OVWI offense. Failure to pay child support, provide financial responsibility (insurance) for one’s car, and pay traffic tickets can result in suspension of driving privileges. A Court may generally suspend the driving privileges of a person for a period up to the maximum allowable period of incarceration under the penalty for the offense for any criminal conviction in which the operation of a motor vehicle is an element of the offense and several other crimes involving use of a vehicle (homicide, battery, resisting law enforcement, and OVWI for watercraft). The list of possible scenarios for suspension of driving privileges goes on and on like the Energizer Bunny, and it is fairly common for a person to find their driving privileges have been suspended.
The good news is specialized driving privileges are available for just about every type of driving privileges suspension. Specialized driving privileges are Court ordered driving privileges and allow you to legally get back on the road during a period of driving privileges suspension. Courts have the discretion to grant specialized driving privileges and to require any conditions for specialized driving privileges, such as increased insurance coverage, times and destinations for vehicle use, etc. There are several circumstances where a person is not eligible for specialized driving privileges, which include:
- Refusal to submit to a chemical test;
- The person has never been an Indiana resident;
- Suspension/revocation after a BMV determination that a driver is incompetent or otherwise unfit to operate a motor vehicle;
- Suspension for passing a school bus when stop signal/arm is extended;
- Suspension for failure to meet the conditions of a citation in another jurisdiction;
- (Court’s discretion) A person who has previously been granted specialized driving privileges and has more than one conviction for violation of the conditions of specialized driving privileges.
I can help you petition for and acquire specialized driving privileges if your driving privileges have been suspended: Contact me today.