If your license has been suspended for whatever reason, either by a court or the BMV, then you may have avenues available that would allow you to get back out there on the road. UnderI.C. 9-30-16, our legislature did away with what was once called ‘hardship’ and ‘probationary’ licenses and in their place formulated what is now called ‘specialized driving privileges’ or SDP for short. So what exactly is SDP? They are court granted privileges on people who’s license has been suspended either by a court or the BMV. The privileges are entirely discretionary and can vary from person to person. They might consist of allowing you to travel from home to work and back, travel at certain times in the day, or operate your vehicle with an ignition interlock device. The one thing that will not differ however, is that if a court does grant you SDP, they will do so for at least 180 days.
So who might qualify for SDP? This is a pretty broad and wide ranging field, but to name a few: habitual traffic violators (HTV), DUI, OWI, OVWI suspensions, insurance suspensions, court ordered suspensions, BMV suspensions, unpaid traffic tickets and all those who are not ineligible. Again, this is a pretty broad field and encompasses many people under many different circumstances, which is a good thing. There are a few circumstances however which the legislature decided SDP and I.C. 9-30-16 would not apply, namely: a) a person who has never received a valid driver’s license, b) a person who holds a commercial driver’s license CDL, c) a person who refused to submit to a chemical test under I.C. 9-30-6, d) a person who has been convicted for an offense which involved the operation of a motor vehicle and caused the death of another person, and finally e) a person who has previously received a specialized driving privilege and that person has more than one conviction for violating IC 9-30-16-5 .
If you do find yourself in an eligible position to receive a specialized driving privilege, just know that a court can and probably will impose some additional responsibilities. Those would typically include: maintaining proof of insurance, carrying a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by the person, and producing the copy of the order granting specialized driving privileges upon the request of a police officer.
Specialized driving privileges and specifically Indiana Code 9-30-16 is a relatively new body of law. Because of such, there are always questions and confusing topics that need to be worked out by both the courts and the legislature. If you believe you may qualify for specialized driving privileges, then you need an experienced attorney to help guide you through the process. As a former prosecutor, Kevin Potts has the traffic litigation and trial experience to help you get back out there on the road. Call Kevin today 317-951-0087.
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