Indiana Code 9-30-10-14.1. Petition for rescission of lifetime suspension of driving privileges; contents; service
(1) section 5(b)(2) of this chapter; or
Terms Used In Indiana Code 9-30-10-14.1
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- judgment: means :
Indiana Code 9-30-10-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- license: includes any type of license or permit issued by the bureau to operate the type of vehicle being driven. See Indiana Code 9-30-10-2
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
- violation: means :
Indiana Code 9-30-10-3
(b) Except as provided in subsection (f), a person whose driving privileges have been suspended for life may petition a court in a civil action for a rescission of the suspension order and reinstatement of driving privileges if the following conditions exist:
(1) Ten (10) years have elapsed since the date on which an order for the lifetime suspension of the person’s driving privileges was issued.
(2) The person has never been convicted of a violation described in section 4(a) of this chapter.
(c) A petition for rescission and reinstatement under this section must meet the following conditions:
(1) Be verified by the petitioner.
(2) State the petitioner’s age, date of birth, and place of residence.
(3) Describe the circumstances leading up to the lifetime suspension of the petitioner’s driving privileges.
(4) Aver a substantial change in the petitioner’s circumstances of the following:
(A) That indicates the petitioner would no longer pose a risk to the safety of others if the petitioner’s driving privileges are reinstated.
(B) That makes the lifetime suspension of the petitioner’s driving privileges unreasonable.
(C) That indicates it is in the best interests of society for the petitioner’s driving privileges to be reinstated.
(5) Aver that the requisite amount of time has elapsed since the date on which the order for the lifetime suspension of the person’s driving privileges was issued as required under subsections (b) and (f).
(6) Aver that the petitioner has never been convicted of a violation described in section 4(a) of this chapter.
(7) Be filed in a circuit or superior court having jurisdiction in the county where the petitioner resides. If the petitioner resides in a state other than Indiana, the petition must be filed in the county in which the most recent Indiana moving violation conviction occurred.
(8) If the petition is being filed under subsection (f), aver the existence of the conditions listed in subsection (f)(1) through (f)(3).
(d) The petitioner shall serve the prosecuting attorney of the county in which the petition is filed and the bureau with a copy of the petition described in subsection (b). A responsive pleading is not required.
(e) The prosecuting attorney of the county in which the petition is filed shall represent the state in the matter.
(f) A person whose driving privileges have been suspended for life may petition a court in a civil action for a rescission of the suspension order and reinstatement of driving privileges if all of the following conditions exist:
(1) Three (3) years have elapsed since the date on which the order for lifetime suspension of the petitioner’s driving privileges was issued.
(2) The petitioner’s lifetime suspension was the result of a conviction for operating a motor vehicle while the person’s driving privileges were suspended because the person is a habitual violator.
(3) The petitioner has never been convicted of a violation described in section 4(a) or 4(b) of this chapter other than a judgment or conviction for operating a motor vehicle while the person’s driver’s license or driving privileges were revoked or suspended as a result of a conviction of an offense under IC 9-1-4-52 (repealed July 1, 1992), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or IC 9-24-19-3.
As added by P.L.188-2015, SEC.116. Amended by P.L.198-2016, SEC.602.