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Specialized Driving Privileges

by David C. Frangos on Dec. 28, 2019

Criminal Motor Vehicle  Traffic 

Summary: Indiana Code 9-30-16-1 will allow individuals who face a driving suspension to request, as early as their initial hearing, a stay of a suspension pending a petition for SDP.

The Statute States;

 

(1) The court shall:

(A) stay the suspension of the person*s driving privileges at the initial hearing and shall not submit the probable cause affidavit related to the person*s offense to the bureau; and

(B) set the matter for a specialized driving privileges hearing not later than thirty (30) days after the initial hearing.

 

Limitation(s):

 

(2) If the person does not file a petition for a specialized driving privileges hearing not later than ten (10) days after the date of the initial hearing, the court shall lift the stay of the suspension of the person*s driving privileges and shall submit the probable cause affidavit related to the person*s offense to the bureau for automatic suspension.

(3) If the person files a petition for a specialized driving privileges hearing not later than ten (10) days after the initial hearing, the stay of the suspension of the person*s driving privileges continues until the matter is heard and a determination is made by the court at the specialized driving privileges hearing.

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This is good news to defendants who have been wrongfully accused of a driving offense, or who have had a driver's license suspended for a minor infraction.

There are many aspects to accurately obtaining specialized driving privileges. If you need help navigating the new law, and keeping yourself on the road, please contact David Frangos of Frangos Legal to find out how we can help!

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