Sec. 11. (a) Notwithstanding any other provision of this chapter, IC 9-30-5, or IC 9-30-9, the court shall order the bureau to rescind an ignition interlock device requirement or reinstate the driving privileges of a person if:

(1) all of the charges under IC 9-30-5 have been dismissed and the prosecuting attorney states on the record that no charges will be refiled against the person;

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Terms Used In Indiana Code 9-30-6-11

  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) the court finds the allegations in a petition filed by a defendant under section 18 of this chapter are true; or

(3) the person:

(A) did not refuse to submit to a chemical test offered as a result of a law enforcement officer having probable cause to believe the person committed the offense charged; and

(B) has been found not guilty of all charges by a court or by a jury.

     (b) The court’s order must contain findings of fact establishing that the requirements for reinstatement described in subsection (a) have been met.

     (c) A person whose driving privileges are reinstated under this section is not required to pay a reinstatement fee.

[Pre-1991 Recodification Citation: 9-11-4-11.]

As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.14.

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