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

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Terms Used In Indiana Code 9-24-2-5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(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.

[Pre-1991 Recodification Citation: 9-1-4-33.5.]

As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.3; P.L.1-2005, SEC.108; P.L.125-2012, SEC.172; P.L.217-2014, SEC.79; P.L.198-2016, SEC.427.

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