Sec. 3 . (a) This section does not apply to specialized driving privileges granted in accordance with section 3.5 of this chapter. If a court orders a suspension of driving privileges under this chapter, or imposes a suspension of driving privileges under IC 9-30-6-9(c) , the court may stay the suspension and grant a specialized driving privilege as set forth in this section.
(b) 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 case that resulted in the order of 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.
(c) Except as provided in subsection (h), regardless of the underlying offense, 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.
(d) The terms of specialized driving privileges must be determined by a court.
(e) A stay of a suspension and specialized driving privileges may not be granted to an individual who:
(1) has previously been granted specialized driving privileges; and
(2) has more than one (1) conviction under section 5 of this chapter.
(f) An individual who has been granted specialized driving privileges 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 state identification card or driver's license.
(g) 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 any vehicle that requires the individual to hold a commercial driver's license to operate the vehicle.
(h) 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.
(i) The court shall inform the bureau of a termination of a suspension and expiration of specialized driving privileges as described under subsection (h) in a format designated by the bureau.
Cite this article: FindLaw.com - Indiana Code Title 9. Motor Vehicles § 9-30-16-3 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-30-16-3.html
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