Early trial request; delay in trial; reinstatement of driving
privileges; rescission of ignition interlock device requirement
Sec. 18. (a) A person against whom an ignition interlock device
order has been issued under section 8.5 of this chapter or whose
driving privileges have been suspended under section 9(c) of this
chapter is entitled to rescission of the ignition interlock device
requirement or reinstatement of driving privileges if the following
occur:
(1) After a request for an early trial is made by the person at the
initial hearing on the charges, a trial or other disposition of the
charges for which the person was arrested under IC 9-30-5 is
not held within ninety (90) days after the date of the person's
initial hearing on the charges.
(2) The delay in trial or disposition of the charges is not due to
the person arrested under IC 9-30-5.
(b) A person who desires rescission of the ignition interlock
device requirement or reinstatement of driving privileges under this
section must file a verified petition in the court where the charges
against the petitioner are pending. The petition must allege the
following:
(1) The date of the petitioner's arrest under IC 9-30-5.
(2) The date of the petitioner's initial hearing on the charges
filed against the petitioner under IC 9-30-5.
(3) The date set for trial or other disposition of the matter.
(4) A statement averring the following:
(A) That the petitioner requested an early trial of the matter
at the petitioner's initial hearing on the charges filed against
the petitioner under IC 9-30-5.
(B) The trial or disposition date set by the court is at least
ninety (90) days after the date of the petitioner's initial
hearing on the charges filed against the petitioner under
IC 9-30-5.
(C) The delay in the trial or disposition is not due to the
petitioner.
(c) Upon the filing of a petition under this section, the court shall
immediately examine the record of the court to determine whether
the allegations in the petition are true.
(d) If the court finds the allegations of a petition filed under this
section are true, the court shall order rescission of the ignition
interlock device requirement or reinstatement of the petitioner's
driving privileges under section 11 of this chapter. The reinstatement
must not take effect until ninety (90) days after the date of the
petitioner's initial hearing.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.16;
P.L.2-2005, SEC.41.
Last modified: May 27, 2006