Understanding Requests for Specialized Driving Privileges

Whether a person loses their license for having been convicted of a criminal offense involving a motor vehicle under IC 9-30-16, or by the Indiana Bureau of Motor Vehicles for citations or fees, in order to be able to drive, the person would need to petition the court for specialized driving privileges.

What do you need to know about requesting specialized driving privileges? Consider the following information.

Know Whether Your Offense Requires Making a Specialized Driving Privileges Request 

Driver’s licenses are typically suspended for at least one year under the various motor vehicle-related offenses listed in IC 9-30-16. When a motor vehicle-related offense involves the suspension of a person’s driver’s license upon conviction, that person will typically need to request specialized driving privileges if they want to continue driving.

When a court grants a request for specialized driving privileges, what they are doing is granting a stay of the suspension of the person’s driver’s license under IC 9-30-16-3. Upon a request for specialized driving privileges being granted, the court will determine the period for the person’s specialized driving privileges and can also set periodic review hearings. Requests for specialized driving privileges when the suspension was entered by the Bureau of Motor Vehicles are substantially similar, and our attorneys can help in either circumstance.

Only Make a Request if You Are Eligible 

Some individuals and some offenses result in ineligibility for specialized driving privileges. In other words, under certain circumstances, it will not make sense to try to request specialized driving privileges if you are ineligible based on your own details or the facts of the offense.

You are ineligible for specialized driving privilege if any of the following are true of the party making the request:

• Has never been a resident of Indiana;
• Refused a chemical test on suspicion of operating a vehicle while intoxicated;
• Criminal offense involving the motor vehicle resulted in someone’s death;
• Has previously been granted specialized driving privileges and has more than one previous related conviction;
• Had a driver’s license suspended or revoked by the Bureau of Motor Vehicles due to incompetence or being unfit to operate; or
• Had license suspended for passing a school bus.

Contact an Indianapolis License Rehabilitation Attorney Today 

Whether you are currently facing motor vehicle-related criminal charges or you have been convicted of an offense involving a motor vehicle, it is important to seek advice about requesting specialized driving privileges. Depending on the specific offense for which you were charged and the details of a conviction, you may need to ask the court to grant you a specialized driving privilege. As we discussed above, not everyone is eligible to receive specialized driving privileges, and even if you are eligible, the court might not grant your request. One of the experienced Indianapolis license rehabilitation lawyers at Rigney Law LLC can discuss the details of your case with you today and can help you to petition the court for specialized driving privileges in Indiana.

Source: 

law.justia.com/codes/indiana/title-9/article-30/chapter-16/section-9-30-16-2/