Rescission of order suspending driving privileges for life; hearing
on petition; findings; order for reinstatement
Sec. 15. (a) Upon receiving a petition filed under section 14 of
this chapter, a court shall set a date for hearing the matter and direct
the clerk of the court to provide notice of the hearing date to the
following:
(1) The petitioner.
(2) The prosecuting attorney of the county where the petitioner
resides.
(3) The bureau.
(b) A court may order the rescission of the order that required the
suspension of the petitioner's driving privileges for life and may
order the bureau to reinstate the driving privileges of a petitioner
whose driving privileges have been suspended for life if, after the
hearing of the matter, the court makes the following written findings
and conclusions, based on clear and convincing evidence:
(1) That the petitioner has never been convicted of a violation
described in section 4(a) of this chapter.
(2) That the petitioner has never been convicted of an offense
under section 17 of this chapter.
(3) That the petitioner has not been convicted of an offense
under section 16 of this chapter more than one (1) time.
(4) If the person is petitioning the court under section 14(a) of
this chapter that ten (10) years have elapsed since the date on
which an order was issued that required the suspension of the
petitioner's driving privileges for life.
(5) That there has been a substantial change in the petitioner's
circumstances indicating the petitioner would no longer pose a
risk to the safety of others if the petitioner's driving privileges
were reinstated.
(6) That there has been a substantial change in the petitioner's
circumstances indicating that the suspension of the petitioner's
driving privileges for life has become unreasonable.
(7) That it is in the best interests of society for the petitioner's
driving privileges to be reinstated.
(8) If the person is petitioning the court under section 14(e) of
this chapter:
(A) that three (3) years have elapsed since the date the order
was issued that required the suspension of the petitioner's
driving privileges for life; and
(B) that the conditions listed under section 14(e) of this
chapter are satisfied.
(c) The petitioner has the burden of proof under this section and
an order issued under subsection (b) is a final order, appealable by
any party to the action.
(d) In an order for reinstatement of driving privileges issued under
this section, the court may require the bureau to issue to the
prevailing petitioner:
(1) a license to operate a motor vehicle under section 13(b) of
this chapter; or
(2) a restricted driving license for a time and subject to
conditions specified by the court.
(e) If a court orders the bureau to issue a restricted driving license
to a petitioner under subsection (d), the court shall specify the
conditions under which the petitioner may be issued a license to
operate a motor vehicle under section 13(b) of this chapter. After the
expiration date of the restricted license and upon:
(1) fulfillment by the petitioner of the conditions specified by
the court; and
(2) the expiration of the restricted license issued under
subsection (d)(2);
the bureau shall issue to the petitioner a license to operate a motor
vehicle under section 13(b) of this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.101-1997, SEC.3.
Last modified: May 27, 2006