TRAFFIC CODE
69
entering a conviction. Anew or reinstated
driver's license or driving privileges may
not be issued to the person unless that per-
son, within the three (3) years following the
expiration of the suspension or revoca-
tion, 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 lia-
bility 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 cov-
ered by the policy occurs, and the satis-
faction by the insured of a final judgment
for loss or damage is not a condition prece-
dent 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 pol-
icy. 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 pol-
icy. If the policy provides for limits in
excess of the limits specified in this chap-
ter, 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 insur-
ance. An action does not lie against the
insurance carrier by or on behalf of any
claimant under the policy until a final judg-
ment has been obtained after actual trial by
or on behalf of any claimant under the
policy.
(f) The bureau may take action as required in
this section upon receiving satisfactory evidence
of a conviction of a person in another state.
(g) For the purpose of this chapter, “convic-
tion” 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 collat-
eral deposited to secure the defendant's
appearance for trial, unless the forfeiture
is vacated.
(4) Apayment of money as a penalty or as
costs in accordance with an agreement
between a moving traffic violator and a
traffic violations bureau.
(h) A suspension or revocation under this sec-
tion or under IC 9-30-13-0.5 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.
(i) A person aggrieved by an order or act of
the bureau under this section or IC 9-30-13-0.5
may file a petition for a court review.
9-30-4-6.5. License suspension begins on date
of release from incarceration.
If a person receives a sentence that includes:
(1) a term of incarceration; and
(2) suspension of the person's driving priv-
ileges under this chapter;
the suspension of driving privileges begins on
the date the person is released from incarcera-
tion and not on the date the person is convicted.
