Probationary driving privileges; grounds
Sec. 12. (a) If:
(1) a court recommends suspension of a person's driving
privileges under section 10(b) of this chapter for an offense
committed under this chapter; and
(2) the person did not refuse to submit to a chemical test offered
under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person's
driving privileges and grant the person probationary driving
privileges for one hundred eighty (180) days.
(b) An order for probationary privileges must be issued in
accordance with sections 11 and 13 of this chapter.
(c) If:
(1) a court recommends suspension of a person's driving
privileges under section 10(c), 10(d), or 10(e) of this chapter for
an offense committed under this chapter; and
(2) the period of suspension recommended by the court exceeds
the minimum permissible fixed period of suspension specified
under section 10 of this chapter;
the court may stay the execution of that part of the suspension that
exceeds the minimum fixed period of suspension and grant the
person probationary driving privileges for a period of time equal to
the length of the stay.
(d) In addition to the other requirements of this section, if a
person's driving privileges are suspended or revoked under section
10(f) of this chapter, a court must find that compelling circumstances
warrant the issuance of probationary driving privileges.
(e) Before a court may grant probationary driving privileges under
this section, the person to whom the probationary driving privileges
will be granted must meet the burden of proving eligibility to receive
probationary driving privileges.
As added by P.L.2-1991, SEC.18. Amended by P.L.64-1994, SEC.4.
Last modified: May 27, 2006