There are several bumpy paths a driver may take that lead to the suspension of his privilege to operate a motor vehicle. There are also avenues available that a driver may take to attempt to regain that privilege. The question for many suspended drivers and the clerk and court staff that help them is: How does one get there from here?
Everyone should know how to find the right road. People complicate that task by using different names to describe the same route. Some drivers, because of their offense, will find a dead end regardless of the road traveled.
The journey for relief starts with a review of Indiana Code 9-24-15, “Issuance of Restricted Driver’s License because of Hardship.” Some people file a Petition for a Hardship License while others may call it a Petition for a Restricted Driver’s License, but regardless of the name, they are the same thing. A petition filed under IC 9-24-15 is a civil proceeding docketed in the name of the petitioner against the prosecuting attorney of the county. The case should be designated as MI.
The petition must be filed in the circuit or superior court where the petitioner resides. However, if the petitioner is charged with, or on probation for, a violation of an operating a vehicle while intoxicated (OVWI) offense under IC 9-30-5, or has a suspended license after being convicted of one of the offenses described in IC 35-48-4-15(a) or suspended in accord with IC 9-30-4-6(b)(3), the petition may only be filed in the circuit or superior court where the petitioner’s case is pending or the petitioner was convicted. The petitioner is responsible for court costs, including fees, under IC 9-24-15-5(e). The regular court costs (including fees) for a civil case should be assessed since the statute does not make any specific reference as to costs.
A driver may petition for judicial review when notified by the Bureau of Motor Vehicles of a possible license suspension as a Habitual Violator (IC 9-30-10-6). A petitioner should file a Verified Petition for Judicial Review of a Habitual Violator Suspension in the circuit or superior court where the petitioner resides. The petitioner must serve a summons and a copy of the petition to both the county prosecuting attorney and the Bureau of Motor Vehicles. A Petition for Judicial Review is a civil action designated as an MI case. The petitioner at the time of filing pays court costs in an amount equal to the costs (including fees) assessed in enforcement of infractions (IC 9-30-10-7 f). However, if the court reinstates the person’s driving privileges under IC 9-30-10-8, the person is entitled to a refund of all costs.
This brief map will not take one all the way to the destination, but hopefully it will help staff and petitioners find the right road to begin the journey.