Probation; findings, restrictions, and conditions
Sec. 9. (a) After June 30, 2005, this section does not apply to a
person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under this
section by a court;
(3) operates a vehicle for commercial or business purposes, and
the person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an average
driver; and
(B) may have been a factor that contributed to the person's
poor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) of
this chapter; or
(B) at least three (3) judgments (singularly or in combination
and not arising out of the same incident) of the violations
enumerated in section 4(b) of this chapter;
the court may place the person on probation in accordance with
subsection (d).
(c) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under this
section by a court;
(3) does not have a judgment for any violation listed in section
4(a) of this chapter;
(4) has had the person's driving privileges suspended under this
chapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension by
operating a vehicle;
the court may place the person on probation in accordance with
subsection (d). However, if the person has any judgments for
operation of a vehicle before July 1, 2001, while intoxicated or with
an alcohol concentration equivalent to at least ten-hundredths (0.10)
gram of alcohol per one hundred (100) milliliters of the blood or two
hundred ten (210) liters of the breath, or for the operation of a
vehicle after June 30, 2001, while intoxicated or with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram of
alcohol per one hundred (100) milliliters of the blood or two hundred
ten (210) liters of the breath, the court, before the court places a
person on probation under subsection (d), must find that the person
has successfully fulfilled the requirements of a rehabilitation
program certified by one (1) or both of the following:
(A) The division of mental health and addiction.
(B) The Indiana judicial center.
(d) Whenever a court places a habitual violator on probation, the
court:
(1) shall record each of the court's findings under this section in
writing;
(2) shall obtain the person's driver's license or permit and send
the license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricted
driver's license;
(4) shall order the bureau to issue the person an appropriate
license;
(5) shall place the person on probation for a fixed period of not
less than three (3) years and not more than ten (10) years;
(6) shall attach restrictions to the person's driving privileges,
including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employment
related driving;
(B) specific purposes in exceptional circumstances; and
(C) rehabilitation programs;
(7) shall order the person to file proof of financial responsibility
for three (3) years following the date of being placed on
probation; and
(8) may impose other appropriate conditions of probation.
(e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of this
chapter;
(2) does not have any judgments for violations under section
4(a) of this chapter;
(3) does not have any judgments or convictions for violations
under section 4(b) of this chapter, except for judgments or
convictions under section 4(b)(5) of this chapter that resulted
from driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under this
section by a court; and
(5) has had the person's driving privileges suspended under this
chapter for at least three (3) consecutive years and has not
violated the terms of the person's suspension by operating a
vehicle for at least three (3) consecutive years;
the court may place the person on probation under subsection (d).
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.93;
P.L.40-1994, SEC.5; P.L.101-1997, SEC.1; P.L.33-1997, SEC.14;
P.L.1-1999, SEC.32; P.L.10-2000, SEC.2; P.L.215-2001, SEC.18;
P.L.175-2001, SEC.13; P.L.219-2003, SEC.9.
Last modified: May 27, 2006