Rescission of order suspending driving privileges for life; petition
for rescission and reinstatement
Sec. 14. (a) Except as provided in subsection (e), a person whose
driving privileges have been suspended for life may petition a court
in a civil action for a rescission of the suspension order and
reinstatement of driving privileges if the following conditions exist:
(1) Ten (10) years have elapsed since the date on which an
order for the lifetime suspension of the person's driving
privileges was issued.
(2) The person has never been convicted of a violation
described in section 4(a) of this chapter.
(3) The person has never been convicted of an offense under
section 17 of this chapter.
(4) The person has not been convicted of an offense under
section 16 of this chapter more than one (1) time.
(b) A petition for rescission and reinstatement under this section
must meet the following conditions:
(1) Be verified by the petitioner.
(2) State the petitioner's age, date of birth, and place of
residence.
(3) Describe the circumstances leading up to the lifetime
suspension of the petitioner's driving privileges.
(4) Aver a substantial change in the petitioner's circumstances
of the following:
(A) That indicates the petitioner would no longer pose a risk
to the safety of others if the petitioner's driving privileges are
reinstated.
(B) That makes the lifetime suspension of the petitioner's
driving privileges unreasonable.
(C) Indicates it is in the best interests of society for the
petitioner's driving privileges to be reinstated.
(5) Aver that the petitioner has never been convicted of an
offense under section 17 of this chapter.
(6) Aver that the petitioner has not been convicted of an offense
under section 16 of this chapter more than one (1) time.
(7) Aver that the petitioner has never been convicted of a
violation described in section 4(a) of this chapter.
(8) Be filed in a circuit or superior court having jurisdiction in
the county where the petitioner resides.
(9) If the petition is being filed under subsection (e), aver the
existence of the conditions listed in subsection (e)(1) through
(e)(3).
(c) The petitioner shall serve the prosecuting attorney of the
county where the petitioner resides and the bureau with a copy of the
petition described in subsection (b). A responsive pleading is not
required.
(d) The prosecuting attorney of the county where the petitioner
resides shall represent the state in the matter.
(e) A person whose driving privileges have been suspended for
life may petition a court in a civil action for a rescission of the
suspension order and reinstatement of driving privileges if all of the
following conditions exist:
(1) Three (3) years have elapsed since the date on which the
order for lifetime suspension of the petitioner's driving
privileges was issued.
(2) The petitioner's lifetime suspension was the result of driving
on a suspended license that was suspended for commission of
infractions only or for driving on a suspended license.
(3) The petitioner has never been convicted of a violation
described in section 4(a) or 4(b) of this chapter, with the
exception of a judgement or conviction under section 4(b)(3) of
this chapter.
(4) The petitioner has never been convicted of an offense under
section 17 of this chapter.
(5) The petitioner has not been convicted of an offense under
section 16 of this chapter more than one (1) time.
As added by P.L.2-1991, SEC.18. Amended by P.L.101-1997, SEC.2.
Last modified: May 27, 2006