Sec. 6.5. (a) If the defendant requests, a court may find by a preponderance of the evidence
that the person is a habitual traffic violator under IC 9-30-10-4. If the court finds a person to be a habitual traffic violator under this section,
(1) shall order:
(A) that the person is a habitual traffic violator; and
(B) the bureau to suspend the person's driving license; and
(2) may order that the person is eligible for specialized driving privileges under
(b) A defendant may file a petition in an independent proceeding to be found a habitual
traffic violator following the procedure in subsection (a).
(c) A petition filed under this section must be filed in the court that entered the
latest moving violation judgment against the person. The petition must use the same cause number as in the action in which the moving
violation judgment was entered.
(d) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition
filed under this section.
(e) A filing fee shall not be imposed for a petition filed under this section.
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