How can a person, whose license has been suspended, apply for a license in Indiana?

Full Question:

How would my daughter apply for a hardship license court hearing so she can drive to work since her license was suspended?
05/30/2017   |   Category: Drivers License   |   State: Indiana   |   #38126

Answer:

Your daughter may be able to file a petition to the court for the stay of suspension of her license. The court may stay the suspension and grant a specialized driving privilege. The petition must state the state the grounds for relief and the relief sought, together with other requirements. The specialized driving privileges will be granted for at least 180 days. The court will determine the terms of specialized driving privileges. A stay of a suspension and specialized driving privileges may not be granted to her if she has previously been granted specialized driving privileges and has convicted of more than one Class C misdemeanor for violating terms of suspension. Once she has been granted specialized driving privileges, she have to maintain proof of future financial responsibility insurance during the period of specialized driving privileges, carry a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by her, produce the copy of the order granting specialized driving privileges upon the request of a police officer, and carry a validly issued state identification card or driver's license.

Note: This may or may not apply to anther state suspension.


The following are the Indiana statutes in this regard:
 
9-30-16-3.  Stay of suspension.

(a) This section does not apply to specialized driving privileges granted in accordance with section 3.5 [IC 9-30-16-3.5] of this chapter. If a court orders a suspension of driving privileges under this chapter, or imposes a suspension of driving privileges under IC 9-30-6-9(c), the court may stay the suspension and grant a specialized driving privilege as set forth in this section.

(b) An individual who seeks specialized driving privileges must file a petition for specialized driving privileges in each court that has ordered or imposed a suspension of the individual's driving privileges. Each petition must:

     (1) be verified by the petitioner;

     (2) state the petitioner's age, date of birth, and address;

     (3) state the grounds for relief and the relief sought;

     (4) be filed in a circuit or superior court; and

     (5) be served on the bureau and the prosecuting attorney.
   A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this subsection.

(c) Regardless of the underlying offense, specialized driving privileges granted under this section shall be granted for at least one hundred eighty (180) days.

(d) The terms of specialized driving privileges must be determined by a court.

(e) A stay of a suspension and specialized driving privileges may not be granted to an individual who:

     (1) has previously been granted specialized driving privileges; and

     (2) has more than one (1) conviction under section 5 [IC 9-30-16-5] of this chapter.

(f) An individual who has been granted specialized driving privileges shall:

     (1) maintain proof of future financial responsibility insurance during the period of specialized driving privileges;

     (2) carry a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by the individual;

     (3) produce the copy of the order granting specialized driving privileges upon the request of a police officer; and

     (4) carry a validly issued state identification card or driver's license.

(g) An individual who holds a commercial driver's license and has been granted specialized driving privileges under this chapter may not, for the duration of the suspension for which the specialized driving privileges are sought, operate any vehicle that requires the individual to hold a commercial driver's license to operate the vehicle.