TRAFFIC CODE
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bureau shall do the following:
(1) Issue the person probationary driving
privileges and notify the prosecuting attor-
ney of the county from which the order
was received that the person is not eligi-
ble for probationary driving privileges.
(2) Send a certified copy of the person's
driving record to the prosecuting attor-
ney.
The prosecuting attorney shall, in accordance
with IC 35-38-1-15, petition the court to correct
the court's order. If the bureau does not receive a
corrected order within sixty (60) days, the bureau
shall notify the attorney general, who shall, in
accordance with IC 35-38-1-15, petition the court
to correct the court's order.
9-30-6-10. Suspension of driving privileges;
prompt judicial hearing; issues;
findings; order.
(a) A person against whom an ignition inter-
lock device order has been issued under section 8.5
of this chapter or whose driving privileges have
been suspended under section 9 of this chapter is
entitled to a prompt judicial hearing. The person
may file a petition that requests a hearing:
(1) in the court where the charges with
respect to the person's operation of a vehi-
cle are pending; or
(2) if charges with respect to the person's
operation of a vehicle have not been filed,
in any court of the county where the
alleged offense or refusal occurred that
has jurisdiction over crimes committed in
violation of IC 9-30-5.
(b) The petition for review must:
(1) be in writing;
(2) be verified by the person seeking
review; and
(3) allege specific facts that contradict the
facts alleged in the probable cause affidavit.
(c) The hearing under this section shall be
limited to the following issues:
(1) Whether the arresting law enforcement
officer had probable cause to believe that
the person was operating a vehicle in vio-
lation of IC 9-30-5.
(2) Whether the person refused to submit
to a chemical test offered by a law enforce-
ment officer.
(d) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were
suspended under section 9(b) of this chap-
ter and that the person did not refuse to sub-
mit to a chemical test;
the court shall order the bureau to rescind the
ignition interlock device requirement or reinstate
the person's driving privileges.
(e) The prosecuting attorney of the county in
which a petition has been filed under this chapter
shall represent the state on relation of the bureau
with respect to the petition.
(f) The petitioner has the burden of proof by
a preponderance of the evidence.
(g) The court's order is a final judgment
appealable in the manner of civil actions by either
party. The attorney general shall represent the
state on relation of the bureau with respect to the
appeal.
9-30-6-11. Reinstatement of driving privi-
leges; dismissal and not refiled.
(a) Notwithstanding any other provision of
this chapter, IC 9-30-5, or IC 9-30-9, the court shall
order the bureau to rescind an ignition interlock
device requirement or reinstate the driving priv-
ileges of a person if:
(1) all of the charges under IC 9-30-5 have
been dismissed and the prosecuting attor-
ney states on the record that no charges will
be refiled against the person;
(2) the court finds the allegations in a peti-
tion filed by a defendant under section 18
of this chapter are true; or
(3) the person:
(A) did not refuse to submit to a chem-
ical test offered as a result of a law
enforcement officer having probable
cause to believe the person committed
the offense charged; and
(B) has been found not guilty of all
charges by a court or by a jury.
(b) The court's order must contain findings
of fact establishing that the requirements for rein-
statement described in subsection (a) have been
met.
(c) Aperson whose driving privileges are rein-
