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Ind. Code § 9-30-16-4

Petition for specialized driving privileges

Applied in 4 court decisions — leading case Indiana Bureau of Motor Vehicles, and Kent Abernathy, Commissioner of the Indiana Bureau of Motor Vehicles v. Craig Watson (2017)

Most recently applied in Brent Orange v. Indiana Bureau of Motor Vehicles (January 2018)

As added by P.L.217-2014, SEC.154

How often courts cite this section

2016201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 4. (a) An individual whose driving privileges have been suspended by the bureau by an administrative action and not by a court order may petition a court for specialized driving privileges as described in section 3(b) through 3(d) of this chapter.

(b) A petition filed under this section 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 the appropriate county, as determined under subsection (d);

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

(6) be served on the bureau and the prosecuting attorney.

(c) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this section.

(d) An individual whose driving privileges are suspended in Indiana may file a petition for specialized driving privileges. The petition must be filed as follows:

(1) Except as provided in subdivision (2), if the individual is an Indiana resident, in the county in which the individual resides.

(2) If the individual is an Indiana resident and is subject to an active administrative suspension under this section in addition to an active court ordered suspension under section 3 or 3.5 of this chapter, in the court that has ordered or imposed a suspension of the individual's driving privileges.

(3) If the individual was an Indiana resident at the time the individual's driving privileges were suspended but is currently a nonresident, in the county in which the individual's most recent Indiana moving violation judgment was entered against the individual.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.