Ind. Code § 9-30-16-3.5

Current through P.L. 171-2024
Section 9-30-16-3.5 - Temporary or worksite speed limit violations; specialized driving privileges; expiration and termination of specialized driving privileges
(a) If a court imposes a suspension of driving privileges under IC 9-21-5-11(f), the court may stay the suspension and grant a specialized driving privilege as set forth in this section.
(b) Except as provided in subsection (g), specialized driving privileges granted under this section shall be granted for a period of time as determined by the court. A court, at its discretion, may set periodic review hearings to review an individual's specialized driving privileges.
(c) Specialized driving privileges granted under this section:
(1) must be determined by a court; and
(2) are limited to restricting the individual to being allowed to operate a motor vehicle between the place of employment of the individual and the individual's residence.
(d) An individual who has been granted specialized driving privileges under this section shall:
(1) maintain proof of future financial responsibility insurance during the period of specialized driving privileges;
(2) carry a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by the individual;
(3) produce the copy of the order granting specialized driving privileges upon the request of a police officer; and
(4) carry a validly issued driver's license.
(e) An individual who holds a commercial driver's license and has been granted specialized driving privileges under this chapter may not, for the duration of the suspension for which the specialized driving privileges are sought, operate a motor vehicle that requires the individual to hold a commercial driver's license to operate the motor vehicle.
(f) An individual who seeks specialized driving privileges must file a petition for specialized driving privileges in each court that has ordered or imposed a suspension of the individual's driving privileges. Each petition must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, and address;
(3) state the grounds for relief and the relief sought;
(4) be filed in the court that ordered or imposed the suspension; and
(5) be served on the bureau and the prosecuting attorney.

A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this subsection.

(g) Whenever a suspension of an individual's driving privileges under this chapter is terminated because:
(1) the underlying conviction, judgment, or finding that forms the basis of the suspension is reversed, vacated, or dismissed; or
(2) the individual is acquitted of, found not liable for, or otherwise found not to have committed the underlying act or offense that forms the basis of the suspension;

the individual's specialized driving privileges expire at the time the suspension of the individual's driving privileges is terminated.

(h) The court shall inform the bureau of a termination of a suspension of driving privileges and expiration of specialized driving privileges as described under subsection (g) in a format designated by the bureau.

IC 9-30-16-3.5

Amended by P.L. 29-2020,SEC. 3, eff. 7/1/2020.
Amended by P.L. 46-2018,SEC. 4, eff. 7/1/2018.
Amended by P.L. 85-2017,SEC. 41, eff. 4/20/2017.
Added by P.L. 41-2016, SEC. 5, eff. 7/1/2016.