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Subject:
license
Category: Reference, Education and News > General Reference Asked by: daniela-ga List Price: $4.00 |
Posted:
18 May 2002 10:06 PDT
Expires: 25 May 2002 10:06 PDT Question ID: 16851 |
how to get your license back after lifetime suspension in indiana.(drivers license) |
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Subject:
Re: license
Answered By: skermit-ga on 18 May 2002 10:31 PDT Rated: |
Hello, That's unfortunate that you've had your license taken away, but there are some things you can do in order to get your license reinstated. Taken from Indiana's State Lawbooks IC 9-30-10 (the Indiana Habitual Traffic violator Laws): IC 9-30-10-14 Sec. 14. (a) Except as provided in subsection (e), a person whose driving privileges have been suspended for life may petition a court in a civil action for a rescission of the suspension order and reinstatement of driving privileges if the following conditions exist: (1) Ten (10) years have elapsed since the date on which an order for the lifetime suspension of the person's driving privileges was issued. (2) The person has never been convicted of a violation described in section 4(a) of this chapter. (3) The person has never been convicted of an offense under section 17 of this chapter. (4) The person has not been convicted of an offense under section 16 of this chapter more than one (1) time. (b) A petition for rescission and reinstatement under this section must meet the following conditions: (1) Be verified by the petitioner. (2) State the petitioner's age, date of birth, and place of residence. (3) Describe the circumstances leading up to the lifetime suspension of the petitioner's driving privileges. (4) Aver a substantial change in the petitioner's circumstances of the following: (A) That indicates the petitioner would no longer pose a risk to the safety of others if the petitioner's driving privileges are reinstated. (B) That makes the lifetime suspension of the petitioner's driving privileges unreasonable. (C) Indicates it is in the best interests of society for the petitioner's driving privileges to be reinstated. (5) Aver that the petitioner has never been convicted of an offense under section 17 of this chapter. (6) Aver that the petitioner has not been convicted of an offense under section 16 of this chapter more than one (1) time. (7) Aver that the petitioner has never been convicted of a violation described in section 4(a) of this chapter. (8) Be filed in a circuit or superior court having jurisdiction in the county where the petitioner resides. (9) If the petition is being filed under subsection (e), aver the existence of the conditions listed in subsection (e)(1) through (e)(3). (c) The petitioner shall serve the prosecuting attorney of the county where the petitioner resides and the bureau with a copy of the petition described in subsection (b). A responsive pleading is not required. (d) The prosecuting attorney of the county where the petitioner resides shall represent the state in the matter. (e) A person whose driving privileges have been suspended for life may petition a court in a civil action for a rescission of the suspension order and reinstatement of driving privileges if all of the following conditions exist: (1) Three (3) years have elapsed since the date on which the order for lifetime suspension of the petitioner's driving privileges was issued. (2) The petitioner's lifetime suspension was the result of driving on a suspended license that was suspended for commission of infractions only or for driving on a suspended license. (3) The petitioner has never been convicted of a violation described in section 4(a) or 4(b) of this chapter, with the exception of a judgement or conviction under section 4(b)(3) of this chapter. (4) The petitioner has never been convicted of an offense under section 17 of this chapter. (5) The petitioner has not been convicted of an offense under section 16 of this chapter more than one (1) time. Since I do not know the events leading up to the license being taken away, please make sure that you read the clauses of this title VERY CAREFULLY before petitioning or you may just waste your time/money. Another thing, driving on a lifetime suspended license is a Class C felony in the state of Indiana. The maximum penalty for a Class C Felony is up to 8 years in prison and a fine of up to $10,000. *shudder* Do not drive on a lifetime suspended license. The links to the relavant title codes follow below... Good luck! Additional Links: Indiana Habitual Traffic Violator (HTV) Laws: http://www.indianalaw.to/htv2001.html Punishment for Class C Felony (at bottom of page): http://www.drugs.indiana.edu/laws/law_ster.html Search Strategy: indiana "lifetime suspension" driver's license ://www.google.com/search?q=indiana+%22lifetime+suspension%22+driver's+license Hope I helped you out in your situation! skermit-ga |
daniela-ga rated this answer: |
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Subject:
Re: license
From: weisstho-ga on 18 May 2002 10:56 PDT |
Truly a thorough and outstanding answer (good work, Skermit!) Just a couple of other pieces: A lifetime revocation of a drivers license has been held to be constitutional by the Indiana court of appeals in the case Heyning v. State of Indiana, No. 46A04-8612-CR-362 (1987). In that case, Heyning was convicted in the LaPorte Circuit Court of operating motor vehicle after having been adjudged habitual traffic offender, and he appealed. The Court of Appeals held that: (1) Heyning, whose right to operate motor vehicle was revoked, and who was prohibited from operating motor vehicle under statute providing that Heyning found to be habitual traffic offender who operates motor vehicle while court order prohibiting operation remains in effect shall forfeit privilege of operating motor vehicle for life, could be convicted of violating statute even though Heyning possessed valid California driver's license; (2) statute providing for life prohibition of privilege of operating motor vehicle was not unconstitutionally vague; and (3) statute providing for life prohibition of operation of motor vehicle did not burden fundamental right and was rationally related to legitimate State interest, and was thus constitutional, although Heyning claimed the statute burdened his fundamental right to travel. Affirmed. The Indiana Code specifically addresses the issuance of a Restricted License: http://www.in.gov/legislative/ic/code/title9/ar24/ch15.html There are Reinstatement Centers in the state, which can be located here: http://www.in.gov/bmv/branches/bmv.html Good luck in this tough area! Tom |
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