TRAFFIC CODE
93
date is used when determining the number of
judgments accumulated within a ten (10) year
period.
9-30-10-5. Notice and suspension of
privileges [effective January 1,
2015].
(a) If it appears from the records maintained
by the bureau that a person's driving record makes
the person a habitual violator under section 4 of
this chapter, the bureau shall mail a notice to the
person's last known address that informs the per-
son that the person's driving privileges will be sus-
pended in thirty (30) days because the person is
a habitual violator according to the records of the
bureau.
(b) Thirty (30) days after the bureau has mailed
a notice under this section, the bureau shall sus-
pend the person's driving privileges for:
(1) except as provided in subdivision (2),
ten (10) years if the person is a habitual vio-
lator under section 4(a) of this chapter;
(2) life if the person is a habitual violator
under section 4(a) of this chapter and has
at least two (2) violations under section
4(a)(4) through 4(a)(7) of this chapter;
(3) ten (10) years if the person is a habit-
ual violator under section 4(b) of this chap-
ter; or
(4) five (5) years if the person is a habit-
ual violator under section 4(c) of this chap-
ter.
(c) The notice must inform the person that
the person may be entitled to relief under section
6 of this chapter or may seek judicial review of the
person's suspension under this chapter.
(d) Notwithstanding subsection (b), if the
bureau does not discover that a person's driving
record makes the person a habitual violator under
section 4 of this chapter for more than two (2)
years after the bureau receives the person's final
qualifying conviction, the bureau shall not suspend
the person's driving privileges for any period.
9-30-10-6. Notifying bureau of material
error.
(a) A person who has received a notice under
section 5 of this chapter may notify the bureau, in
writing, that the bureau's records contain a mate-
rial error with respect to the person’s driving
record. If a person so notifies the bureau, the
bureau shall, within thirty (30) days after the date
the notice was received by the bureau, determine
whether a material error was made with respect to
the person's driving record.
(b) If the bureau determines that a material
error was made with respect to the person's driv-
ing record, the bureau shall:
(1) prevent the suspension of; or
(2) reinstate;
the person's driving privileges.
(c) The bureau shall notify the prosecuting
attorney of the county where the record origi-
nated that the bureau has determined that a mate-
rial error exists. The prosecuting attorney is entitled
to respond to the bureau's determination.
(d) An action taken or a determination made
by the bureau under this chapter is not subject to
IC 4-21.5. However, the person may file a petition
for judicial review under this chapter.
9-30-10-6.5. Eligibility for specialized driving
privileges [effective January 1,
2015].
If a court finds by clear and convincing evi-
dence that a person is a habitual traffic violator
under IC 9-30-10-4, the court
(1) shall order:
(A) that the person is a habitual traffic
violator; and
(B) the bureau to suspend the person’s
driving license; and
(2) may order that the person is eligible for
specialized driving privileges under IC 9-
30-16.
9-30-10-7. Petitioning for judicial review.
(a) A petition for judicial review under this
chapter must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth,
place of residence, and driver's license
identification number;
(3) state the grounds for relief and the
relief sought;
(4) be filed in the county in which the peti-
tioner resides; and
(5) be filed in a circuit, superior, county, or
municipal court.
(b) A summons in an action under this chap-
