Indiana Code Title 9. Motor Vehicles IN CODE Section 9-24-2-5




Sec. 5. (a) A person whose driving privileges have been suspended under section 4 of this chapter is entitled to a prompt judicial hearing.  The person may file a petition that requests a hearing in a circuit, superior, county, or municipal court in the county where:

(1) the person resides;  or

(2) the school attended by the person is located.

(b) The petition for review must:

(1) be in writing;  and

(2) be verified by the person seeking review and:

(A) allege specific facts that indicate the suspension or expulsion was improper;  or

(B) allege that due to the person's emancipation or dependents that 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 person from school, including affording the person due process under IC 20-33-8.

(2) Whether the bureau followed proper procedures in suspending the person's driving privileges.

(d) If the court finds:

(1) that the school failed to follow proper procedures when suspending or expelling the person from school;  or

(2) that the bureau failed to follow proper procedures in suspending the person's driving privileges;

the court may order the bureau to reinstate the person'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.


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