Sec. 3. The following information must be included in a petition filed under section 2 of this chapter:
(1) The petitioner's age, place of residence, and occupation.
(2) That the petitioner has never been convicted of a similar offense or been previously suspended.
(3) The reason and nature of the hardship or burden upon the petitioner's family or dependents.
(4) The nature of and the necessity of the use of a motor vehicle in the petitioner's employment.
(5) The petitioner's place of employment, hours worked, and route to be traveled for employment purposes.
(6) A certified copy of the petitioner's driving record in Indiana and other states in which the petitioner has held driving privileges, including all states in which the petitioner has held a commercial driver's license.
(7) A verified statement that the petitioner meets eligibility requirements for a restricted license as set forth in section 6.5 of this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.219-2003, SEC.6; P.L.28-2010, SEC.1; P.L.125-2012, SEC.217.
Petition for restricted driving permit; prosecutor adverse party
Sec. 4. (a) A verified petition filed under section 2 of this chapter must be filed in the circuit court or superior court of the county in which the petitioner resides. However, if at the time the petition is filed:
(1) the petitioner is a defendant in a pending case concerning the commission of an offense described in IC 9-30-5;
(2) the petitioner is on probation after being convicted of committing an offense described in IC 9-30-5;
(3) the petitioner's driving privileges have been suspended
under IC 35-48-4-15 after the petitioner was convicted of
committing an offense described in IC 35-48-4-15(a); or
(4) the petitioner's driving privileges have been suspended in accordance with IC 9-30-4-6(b)(3) following the petitioner's conviction in Indiana for a felony;
the petition may be filed only in the circuit court or superior court in which the case is pending or the petitioner was convicted.
(b) The clerk of the court shall docket the verified petition in the name of the petitioner against the prosecuting attorney of the county.
(c) The prosecuting attorney shall appear in person or by deputy and be heard by the court on the petition.
(d) The bureau:
(1) serves as a recordkeeper; and
(2) is not a party;
in a proceeding under this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.54-2003, SEC.1; P.L.127-2008, SEC.2; P.L.100-2010, SEC.2.
Court procedure for restricted driving privileges
Sec. 5. (a) The issues before the court in a proceeding under this chapter must be considered closed by denial of all matters at issue without the necessity of filing any further pleadings.
(b) Changes of venue from the judge or from the county must be granted a party under the law governing changes of venue in civil causes.
(c) A suspension or revocation under this title remains in full force and effect during the pendency of a cause under this chapter and until the issuance of the restricted driving privileges by the bureau in accordance with the recommendation of the court.
(d) Records accumulated in the regular course of business and routinely on file in the offices of the prosecuting attorney of the county, sheriff of the county, and bureau may be admitted at the hearing on the petition. The records constitute prima facie evidence of the matters contained on the face of the petition in relation to the petitioner.
(e) Court costs (including fees) for the action on the petition must be charged against the petitioner. The prosecuting attorney of the county is not liable or taxable for any costs (including fees) in any action under this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.54-2003, SEC.2; P.L.106-2010, SEC.2; P.L.125-2012, SEC.218.
Findings of fact; restricted driving privileges
Sec. 6. (a) The court shall, after hearing the evidence upon a petition filed under this chapter and without any requests, make, sign, and file special finding of facts in writing. Except as provided in section 6.5 of this chapter, the court may do either of the following:
(1) Refuse to grant the petition.
Petition granted by court; conditions; contents of petition; time of effect
Sec. 6.5. (a) The court shall grant a petition for restricted driving privileges filed under this chapter if all of the following conditions exist:
(1) The person was not convicted of one (1) or more of the following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996, or a Class D felony or a Class C felony under IC 9-30-5-4 after June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or a Class C felony or a Class B felony under IC 9-30-5-5 after June 30, 1996.
(2) The person's driving privileges were suspended under IC 9-30-6-9(c) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in connection with the person's work.
(4) The person does not have a previous conviction for operating while intoxicated.
(5) The person is participating in a rehabilitation program certified by either the division of mental health and addiction or the Indiana judicial center.
(b) The person filing the petition for restricted driving privileges shall include in the petition the information specified in subsection
(a) in addition to the information required by sections 3 through 4 of
(c) Whenever the court grants a person restricted driving privileges under this chapter, that part of the court's order granting probationary driving privileges shall not take effect until the person's driving privileges have been suspended for at least thirty (30) days under IC 9-30-6-9. In a county that provides for the installation of an ignition interlock device under IC 9-30-8, installation of an ignition interlock device is required as a condition of probationary driving privileges for the entire duration of the probationary driving privileges.
(d) If a court requires installation of a certified ignition interlock device under subsection (c), the court shall order the bureau to record this requirement in the person's driving record in accordance with IC 9-14-3-7. When the person is no longer required to operate only a motor vehicle equipped with an ignition interlock device, the court shall notify the bureau that the ignition interlock use requirement has expired and order the bureau to update its records accordingly.
As added by P.L.103-1991, SEC.2. Amended by P.L.2-1992, SEC.87; P.L.129-1993, SEC.1; P.L.40-1994, SEC.3; P.L.96-1996, SEC.1; P.L.97-1996, SEC.1; P.L.10-2000, SEC.1; P.L.215-2001, SEC.17; P.L.76-2004, SEC.2; P.L.2-2005, SEC.34; P.L.28-2010, SEC.3; P.L.109-2011, SEC.19; P.L.125-2012, SEC.220.
Restricted driving privileges; permitted conditions
Sec. 6.7. (a) If a petitioner whose driving license or permit is suspended under IC 9-30-13-6, IC 9-30-13-7, or IC 9-30-13-8 proves to the satisfaction of the court that public transportation is unavailable for travel by the petitioner:
(1) to and from the petitioner's regular place of employment;
(2) in the course of the petitioner's regular employment;
(3) to and from the petitioner's place of worship; or
(4) to participate in parenting time with the petitioner's children consistent with a court order granting parenting time;
the court may grant a petition for restricted driving privileges filed under this chapter.
(b) Restricted driving privileges issued by the bureau under this section must specify that the restricted driving privileges are valid only for purposes of driving under the conditions described in subsection (a).
(c) Restricted driving privileges issued by the bureau under this section shall be:
(1) issued in the same manner; and
(2) subject to all requirements;
as other permits under this chapter.
As added by P.L.133-1995, SEC.3. Amended by P.L.117-2001, SEC.1; P.L.68-2005, SEC.1; P.L.28-2010, SEC.4; P.L.109-2011, SEC.20; P.L.125-2012, SEC.221.
Possession of proof of driving privileges; proof of financial responsibility
Sec. 8. The petitioner must have proof of the petitioner's restricted driving privileges on the petitioner's person while driving a motor vehicle. Restricted driving privileges are valid and in force only after the person gives and maintains in effect proof of financial responsibility in the manner required in IC 9-25.
As added by P.L.2-1991, SEC.12. Amended by P.L.125-2012, SEC.223.
Sec. 9. Except as provided in section 6.5 of this chapter, an individual may not be granted restricted driving privileges if the individual's driving privileges are suspended under IC 9-30-5 through IC 9-30-9 or IC 9-30-13-3.
As added by P.L.2-1991, SEC.12. Amended by P.L.1-1993, SEC.57; P.L.2-2005, SEC.35; P.L.109-2011, SEC.21; P.L.125-2012, SEC.224.
(Repealed by P.L.1-2007, SEC.248.)
Violating restrictions; penalties
Sec. 11. (a) A person who:
(1) has been granted restricted driving privileges; and
(2) operates a motor vehicle:
(A) in violation of the terms, limitations, or restrictions set out by the court; and
(B) during the period of suspension of the person's current driving license;
commits a Class B misdemeanor.
(b) The bureau shall, upon receipt of notice of a conviction for a violation of this section, do the following:
(1) Revoke the person's restricted driving privileges.
(2) Suspend the person's current driving license for two (2)
years in addition to the original existing period of suspension.
In addition, the bureau may not issue restricted driving privileges to the person during the original existing or additional period of suspension.
As added by P.L.2-1991, SEC.12. Amended by P.L.125-2012, SEC.225.