Indiana Code Title 9. Motor Vehicles § 9-24-2-5
Search Indiana Code
Sec. 5. (a) An individual whose driving privileges have been suspended under section 4 of this chapter is entitled to a prompt judicial hearing. The individual may file a petition that requests a hearing in a circuit, superior, county, or municipal court in the county where:
(1) the individual resides; or
(2) the school attended by the individual is located.
(b) The petition for review must:
(1) be in writing; and
(2) be verified by the individual seeking review and:
(A) allege specific facts that indicate the suspension or expulsion was improper; or
(B) allege that, due to the individual's emancipation or dependents, an undue hardship exists that requires the granting of a restricted driving permit.
(c) The hearing conducted by the court under this section shall be limited to the following issues:
(1) Whether the school followed proper procedures when suspending or expelling the individual from school, including affording the individual due process under IC 20-33-8.
(2) Whether the bureau followed proper procedures in suspending the individual's driving privileges.
(d) If the court finds:
(1) that the school failed to follow proper procedures when suspending or expelling the individual from school; or
(2) that the bureau failed to follow proper procedures in suspending the individual's driving privileges;
the court may order the bureau to reinstate the individual's driving privileges.
(e) The prosecuting attorney of the county in which a petition has been filed under this section shall represent the state on behalf of the bureau with respect to the petition. A school that is made a party to an action filed under this section is responsible for the school's own representation.
(f) In an action under this section, the petitioner has the burden of proof by a preponderance of the evidence.
(g) The court's order is a final judgment appealable in the manner of civil actions by either party. The attorney general shall represent the state on behalf of the bureau with respect to the appeal.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.