Suspension or revocation of license, certificate of registration, and
license plates; evidence of registration; offenses; renewal; action by
bureau; conviction; term of suspension; appeal
Sec. 6. (a) Whenever the bureau suspends or revokes the current
driver's license upon receiving a record of the conviction of a person
for any offense under the motor vehicle laws not enumerated under
subsection (b), the bureau may also suspend any of the certificates of
registration and license plates issued for any motor vehicle registered
in the name of the person so convicted. However, the bureau may not
suspend the evidence of registration, unless otherwise required by
law, if the person has given or gives and maintains during the three
(3) years following the date of suspension or revocation proof of
financial responsibility in the future in the manner specified in this
section.
(b) The bureau shall suspend or revoke without notice or hearing
the current driver's license and all certificates of registration and
license plates issued or registered in the name of a person who is
convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the
department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure
to stop and disclose the person's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance,
or attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon
conviction in another jurisdiction for any offense described in
subsections (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if
property damage is less than two hundred dollars ($200), the bureau
may determine whether the driver's license and certificates of
registration and license plates shall be suspended or revoked. The
license of a person shall also be suspended upon conviction in
another jurisdiction for any offense described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2) and (3), for six (6)
months from the date of conviction or on the date on which the
person is otherwise eligible for a license, whichever is later.
Except as provided in IC 35-48-4-15, this includes a person
convicted of a crime for which the person's license is suspended
or revoked under subsection (b)(6).
(2) Upon conviction of an offense described in subsection
(b)(1), for a fixed period of not less than two (2) years and not
more than five (5) years, to be fixed by the bureau based upon
recommendation of the court entering a conviction. A new or
reinstated license may not be issued to the person unless that
person, within the three (3) years following the expiration of the
suspension or revocation, gives and maintains in force at all
times during the effective period of a new or reinstated license
proof of financial responsibility in the future in the manner
specified in this chapter. However, the liability of the insurance
carrier under a motor vehicle liability policy that is furnished
for proof of financial responsibility in the future as set out in
this chapter becomes absolute whenever loss or damage covered
by the policy occurs, and the satisfaction by the insured of a
final judgment for loss or damage is not a condition precedent
to the right or obligation of the carrier to make payment on
account of loss or damage, but the insurance carrier has the
right to settle a claim covered by the policy. If the settlement is
made in good faith, the amount shall be deductive from the
limits of liability specified in the policy. A policy may not be
canceled or annulled with respect to a loss or damage by an
agreement between the carrier and the insured after the insured
has become responsible for the loss or damage, and a
cancellation or annulment is void. The policy may provide that
the insured or any other person covered by the policy shall
reimburse the insurance carrier for payment made on account of
any loss or damage claim or suit involving a breach of the
terms, provisions, or conditions of the policy. If the policy
provides for limits in excess of the limits specified in this
chapter, the insurance carrier may plead against any plaintiff,
with respect to the amount of the excess limits of liability, any
defenses that the carrier may be entitled to plead against the
insured. The policy may further provide for prorating of the
insurance with other applicable valid and collectible insurance.
An action does not lie against the insurance carrier by or on
behalf of any claimant under the policy until a final judgment
has been obtained after actual trial by or on behalf of any
claimant under the policy.
(3) For the period ordered by a court under IC 35-48-4-15.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of
the following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure
the defendant's appearance for trial, unless the forfeiture is
vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a
traffic violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 stands pending appeal of the conviction to a higher court
and may be set aside or modified only upon the receipt by the bureau
of the certificate of the court reversing or modifying the judgment
that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of
the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review.
As added by P.L.2-1991, SEC.18. Amended by P.L.107-1991, SEC.1;
P.L.64-1994, SEC.2.
Last modified: May 27, 2006