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IC 9-24-2-2
Juveniles under court orders concerning controlled substance
violations
Sec. 2. The bureau shall suspend the driving privileges or
invalidate the learner's permit of an individual less than eighteen (18)
years of age who is under an order entered by a juvenile court under
IC 31-37-19-13 through IC 31-37-19-17 (or IC 31-6-4-15.9(d),
IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before their repeal).
As added by P.L.2-1991, SEC.12. Amended by P.L.94-1996, SEC.1;
P.L.1-1997, SEC.39; P.L.125-2012, SEC.167.
IC 9-24-2-2.5
Persons under court orders concerning controlled substance
violations or criminal mischief
Sec. 2.5. (a) The bureau shall suspend the driving privileges or
invalidate the learner's permit of an individual who is under an order
entered by a court under IC 35-43-1-2(c).
(b) The bureau shall suspend the driving privileges or invalidate
the learner's permit of a person who is the subject of an order issued
under IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal) or
IC 35-43-1-2(c).
As added by P.L.94-1996, SEC.2. Amended by P.L.1-1997, SEC.40;
P.L.3-2008, SEC.79; P.L.125-2012, SEC.168.
IC 9-24-2-3
Persons to whom bureau may not issue license or permit
Sec. 3. (a) The bureau may not issue a driver's license or learner's
permit or grant driving privileges to the following individuals:
(1) An individual whose license issued under Indiana law to
operate a motor vehicle as an operator, a chauffeur, or a public
passenger chauffeur has been suspended, during the period for
which the license was suspended, or to an individual whose
license has been revoked, until the time the bureau is authorized
under Indiana law to issue the individual a new license.
(2) An individual whose learner's permit has been suspended or
revoked until the time the bureau is authorized under Indiana
law to issue the individual a new permit.
(3) An individual who, in the opinion of the bureau, is afflicted
with or suffering from a physical or mental disability or disease
that prevents the individual from exercising reasonable and
ordinary control over a motor vehicle while operating the
vehicle upon the public highways.
(4) An individual who is unable to understand highway
warnings or direction signs written in the English language.
(5) An individual who is required under this article to take an
examination unless the person successfully passes the
examination.
(6) An individual who is required under IC 9-25 or any other
statute to deposit or provide proof of financial responsibility
and who has not deposited or provided that proof.
(7) An individual when the bureau has good cause to believe
that the operation of a motor vehicle on a public highway of
Indiana by the individual would be inimical to public safety or
welfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-14-12-4 or IC 31-16-12-7 (or
IC 31-1-11.5-13 or IC 31-6-6.1-16 before their repeal); or
(B) the Title IV-D agency;
ordering that a driver's license or permit not be issued to the
individual.
(9) An individual who has not presented valid documentary
evidence to the bureau of the person's legal status in the United
States, as required by IC 9-24-9-2.5.
(b) An individual subject to epileptic seizures may not be denied
a driver's license or permit under this section if the individual
presents a statement from a licensed physician, on a form prescribed
by the bureau, that the individual is under medication and is free
from seizures while under medication.
As added by P.L.2-1991, SEC.12. Amended by P.L.125-1995, SEC.9;
P.L.133-1995, SEC.1; P.L.2-1996, SEC.224; P.L.1-1997, SEC.41;
P.L.184-2007, SEC.33; P.L.125-2012, SEC.169.
IC 9-24-2-4
Invalidation and revalidation of license; truant, suspended and
expelled, and withdrawn students
Sec. 4. (a) If a person is less than eighteen (18) years of age and
is a habitual truant, is under a suspension or an expulsion or has
withdrawn from school as described in section 1 of this chapter, the
bureau shall, upon notification by the person's principal, suspend the
person's driving privileges until the earliest of the following:
(1) The person becomes eighteen (18) years of age.
(2) One hundred twenty (120) days after the person is
suspended, or the end of a semester during which the person
returns to school, whichever is longer.
(3) The suspension, expulsion, or exclusion is reversed after the
person has had a hearing under IC 20-33-8.
(b) The bureau shall promptly mail a notice to the person's last
known address that states the following:
(1) That the person's driving privileges will be invalidated for
a specified period commencing five (5) days after the date of
the notice.
(2) That the person has the right to appeal the suspension of the
driving privileges.
(c) If an aggrieved person believes that:
(1) the information provided was technically incorrect; or
(2) the bureau committed a technical or procedural error;
the aggrieved person may appeal the invalidation of a license under
section 5 of this chapter.
(d) If a person satisfies the conditions for reinstatement of a
license under this section, the person may submit to the bureau the
necessary information certifying that at least one (1) of the events
described in subsection (a) has occurred.
IC 9-24-2-5
Hearings
Sec. 5. (a) A person whose driving privileges have been
suspended under section 4 of this chapter is entitled to a prompt
judicial hearing. The person may file a petition that requests a
hearing in a circuit, superior, county, or municipal court in the
county where:
(1) the person resides; or
(2) the school attended by the person is located.
(b) The petition for review must:
(1) be in writing; and
(2) be verified by the person seeking review and:
(A) allege specific facts that indicate the suspension or
expulsion was improper; or
(B) allege that due to the person's emancipation or
dependents that an undue hardship exists that requires the
granting of a restricted driving permit.
(c) The hearing conducted by the court under this section shall be
limited to the following issues:
(1) Whether the school followed proper procedures when
suspending or expelling the person from school, including
affording the person due process under IC 20-33-8.
(2) Whether the bureau followed proper procedures in
suspending the person's driving privileges.
(3) Whether an undue hardship exists that requires the granting
of restricted driving privileges under IC 9-24-15.
(d) If the court finds:
(1) that the school failed to follow proper procedures when
suspending or expelling the person from school; or
(2) that the bureau failed to follow proper procedures in
suspending the person's driving privileges;
the court may order the bureau to reinstate the person's driving
privileges.
(e) If the court finds that an undue hardship exists, and the person
otherwise qualifies under IC 9-24-15, the court may order restricted
driving privileges limiting the petitioner to essential driving for work
and driving between home, work, and school only. The restricted
driving privileges must state the restrictions related to time, territory,
and route. If a court orders restricted driving privileges for the
petitioner, the court shall do the following:
(1) Include in the order a finding of facts that states the
petitioner's driving restrictions.
(2) Enter the findings of fact and order in the order book of the
court.
(3) Send the bureau a signed copy of the order.
(f) The prosecuting attorney of the county in which a petition has
been filed under this section shall represent the state on behalf of the
bureau with respect to the petition. A school that is made a party to
an action filed under this section is responsible for the school's own
representation.
(g) In an action under this section the petitioner has the burden of
proof by a preponderance of the evidence.
(h) The court's order is a final judgment appealable in the manner
of civil actions by either party. The attorney general shall represent
the state on behalf of the bureau with respect to the appeal.
As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.3;
P.L.1-2005, SEC.108; P.L.125-2012, SEC.172.
IC 9-24-2-6
Violations
Sec. 6. A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.12.