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Q: license ( Answered 5 out of 5 stars,   1 Comment )
Question  
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)
Answer  
Subject: Re: license
Answered By: skermit-ga on 18 May 2002 10:31 PDT
Rated:5 out of 5 stars
 
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:5 out of 5 stars

Comments  
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 driver’s 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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