Habitual Traffic Violator (HTV) Laws
In Indiana, there are two types of habitual traffic violator suspensions. Your license can be suspended for five (5) or ten (10) years as a habitual traffic violator. Anytime you receive a moving violation or a conviction for an offense that involves the operation of a motor vehicle as an element of the offense, the Bureau of Motor Vehicles receives notice of that traffic violation or conviction and enters it on your BMV record. The Bureau of Motor Vehicles uses the date of the offense for each violation when determining whether the offenses fall within a ten (10) year period.
Five-Year HTV
A person is deemed a habitual traffic violator and receives a five (5)-year license suspension if they commit ten (10) traffic infractions, not arising out of the same incident, within a ten (10)-year period. This does not include parking or equipment violations. At least one of the traffic infractions must be for driving while suspended as a criminal offense, operating a vehicle without ever having obtained a license or a “major” violation. Common “major” violations are operating a vehicle while intoxicated (OWI), operating a vehicle with a blood alcohol content (BAC) over the legal limit, leaving the scene of an accident, reckless driving, felony criminal recklessness involving operation of a motor vehicle, resisting law enforcement with a vehicle or any felony in which the operation of a motor vehicle is an element of the offense.
Ten-Year HTV
The most common way a person is deemed a habitual traffic violator and receives a ten (10)-year license suspension is if they commit three “major” violations within any ten (10)-year period. Another less common way a person may be deemed a habitual traffic violator and receive a ten (10)-year suspension is if they receive two violations within a ten (10)-year period for criminal offenses that involve the operation of a motor vehicle and result in the death of another person.
Specialized Driving Privileges
If your license has been suspended, you can obtain the ability to drive by filing a petition for specialized driving privileges. Any person who is or was an Indiana resident at some point is eligible to file a petition for specialized driving privileges. Where you file the petition for specialized driving privileges depends on what type of license suspension is on your record. The Bureau of Motor Vehicles classifies license suspensions as either “court-ordered” or “administrative.” If the suspension is court-ordered, you would need to file in the court that ordered the suspension. If the suspension is administrative, you would need to file the petition in your county of residence or, if you are no longer an Indiana resident, in the county where your last moving violation occurred. If you have both court-ordered and administrative suspensions on your record, you would need to file in the court that ordered your license suspension.
You will likely be required to appear at a hearing before the court considers granting you specialized driving privileges. The court has complete discretion on whether to grant specialized driving privileges, and where and when it would allow you to drive as part of the specialized driving privileges. Common places that the court may approve include driving for employment purposes, court or probation-related appointments, child care-related driving needs, medical or counseling appointments, religious worship, grocery stores, gas stations, banks, or pharmacies. However, the court cannot grant specialized driving privileges to operate a vehicle that requires a commercial driver’s license.
Lifetime License Suspension Rescission
Until a change in the law in 2014, many people would receive lifetime suspensions if they were convicted of operating a vehicle as a habitual traffic violator. A person may petition a court to rescind a lifetime suspension once the lifetime suspension has been in effect for ten (10) years. Individuals are also eligible to file for specialized driving privileges during the pendency of the lifetime suspension.
If your license is suspended, call Abels Law Office in Indianapolis, Indiana, at 317-397-0264 or send an email to arrange a free initial consultation today.
Traffic Tickets
Even if you do not have a commercial driver’s license, any traffic citation or criminal charge can have serious consequences, ranging from increased auto insurance rates and required defensive driving classes to fines/court costs and even further suspension of your driver’s license. You may be eligible for deferral of your traffic ticket, which would allow you to keep it off your record. If you have been cited for a traffic violation or charged with a criminal offense involving operating a vehicle with a suspended license, contact Abels Law Office.