Too often in Indiana, there is someone with a suspended driver’s license that prevents them from getting to work. In the past, Indiana’s laws allowed individuals with a suspended license to petition for a hardship license. In those instances, In the past, if you were an individual with a suspended license and you could prove the suspension was causing significant hardship, you could file a petition for a license to allow said individuals to drive to and from work. Now in Indiana, there is something called specialized driving privileges.
LICENSE SUSPENSION
An Indiana driver’s license may be suspended for a number of reasons, such as failure to provide proof of insurance or due to a pending criminal case. If your license has been suspended in the State of Indiana, you may be required to provide the Bureau of Motor Vehicles with:
- Certificate of Compliance– to verify financial responsibility for an accident or citation
- Affidavit– Proof of Financial Responsibility for Employer or Rental Vehicle
- SR-22 Proof of Financial Responsibility, or
- Reinstatement Fee Submission Form
If a driver’s license suspension is incurable for a period of time even after providing the information listed above or is a result of a criminal case, you may consider requesting that a court order you specialized driving privileges.
WHAT ARE SPECIALIZED DRIVING PRIVILEGES?
Recently, Indiana eliminated the hardship license statute and replaced it with “Specialized Driving Privileges“.Specialized driving privileges are available to a broader set of people with a suspended license. According to Indiana law, there are only a few circumstances that will keep someone from being eligible to petition for specialized driving privileges. If you believe that you may be eligible for specialized driving privileges, you are encouraged to contact an attorney, like Hayes Law Office as soon as possible!
HOW CAN YOU APPLY FOR IT?
You need to be aware that your eligibility to petition for specialized driving privileges does not guarantee those privileges will be granted. To petition for specialized driving privileges you will still need a hearing in front of a judge to determine your eligibility, the judge will also determine the limits if your petition is successful.
WHAT HAPPENS IF YOU ARE AWARDED SPECIALIZED DRIVING PRIVILEGES IN INDIANA?
If you are awarded by the court, you need to be aware that often you may be permitted to travel to and from work and only during the course of employment. Depending upon the circumstances surrounding your awarded privileges, the judge may allow travel to medical appointments, parenting time exchange locations, and mental health or other forms of counseling. Be mindful that the judge has broad discretion, and the court may allow travel to other locations.
A person who has been granted specialized driving privileges by the court must have an ID or operator’s license, SR22 insurance, and carry a copy of the court order granting the privileges on their person at all times while driving.
HOW DO YOU FIND OUT IF YOU ARE ELIGIBLE FOR SPECIALIZED DRIVING PRIVILEGES IN INDIANA?
By law, Indiana specialized driving privileges must last for at least 180 days. If you currently have a suspended license, it’s important that you consult with an attorney as soon as possible about any potentially specialized driving privileges you may have. An attorney, such as Hayes Law Office can advise you regarding your eligibility and give guidance as to the best timing of when to file a petition.
Certain people are ineligible to obtain specialized driving privileges. You are NOT eligible for specialized driving privileges if you have never had a valid driver’s license, hold a commercial driver’s license, have refused to submit to a chemical test, have been convicted of driving in violation of an SDP in the past 5 years, or have a suspension stemming from a case causing death.