TRAFFIC CODE
94
ter shall be issued and served in the manner pro-
vided for civil actions. The prosecuting attorney
of the county in which the petition is filed and the
bureau shall be served with the summons and a
copy of the petition.
(c) In an action under this chapter, the peti-
tioner must bear the burden of proof by a pre-
ponderance of the evidence to prevail.
(d) IC 9-30-3-15 and the rules of trial proce-
dure apply in a proceeding under this chapter.
However, a responsive pleading is not required
when a petition for review has been filed, and a
person is not entitled to a change of venue from
the county.
(e) The prosecuting attorney of the county in
which the petition is filed shall represent the state
in relation with the bureau.
(f) Court costs (including fees) shall be
assessed and paid by the petitioner at the time of
filing in an amount equal to the costs (including
fees) assessed in the enforcement of infractions.
However, a petitioner who has the petitioner's
driving privileges reinstated under section 8 of this
chapter is entitled to a refund of all costs paid.
9-30-10-8. Hearing on petition; findings
[effective January 1, 2015].
(a) If a person files a petition for judicial
review under section 6 of this chapter, the court
shall promptly hold a hearing. The petition must
be filed and the hearing must be held in accordance
with section 7 of this chapter.
(b) If the court finds that the petitioner is not
a habitual violator, the court shall order the bureau
to reinstate the driving privileges of the person.
(c) If the court finds that the petitioner is a
habitual violator, the person's driving privileges
remain suspended.
(d) The findings of the court under this section
constitute a final judgment from which either
party may appeal. An appeal does not act as a stay
of the findings and orders of the court.
9-30-10-9. Probation (Repealed).
Editor’s Note:
P.L.217-2014 repealed the
following statues in this chapter, effective January
1, 2015, relating to probationary driver’s licenses:
9-30-10-9
9-30-10-11
9-30-10-12
9-30-10-13
9-30-10-14
9-30-10-15
Please refer to IC 9-30-16, effective January 1,
2015, for provisions relating to specialized driv-
ing privileges.
9-30-10-16. Operating vehicle as HTV.
(a) A person who operates a motor vehicle:
(1) while the person's driving privileges are
validly suspended under this chapter or
IC 9-12-2 (repealed July 1, 1991) and the
person knows that the person's driving
privileges are suspended; or
(2) in violation of restrictions imposed
under this chapter or IC 9-12-2 (repealed
July 1, 1991) and who knows of the exis-
tence of the restrictions;
commits a Level 6 felony.
(b) Service by the bureau of notice of the sus-
pension or restriction of a person's driving privi-
leges under subsection (a)(1) or (a)(2):
(1) in compliance with section 5 of this
chapter; and
(2) by first class mail to the person at the
last address shown for the person in the
bureau's records;
establishes a rebuttable presumption that the per-
son knows that the person's driving privileges are
suspended or restricted.
(c) In addition to any criminal penalty, a per-
son who is convicted of a felony under subsection
(a) forfeits the privilege of operating a motor
vehicle for life. However, if judgment for con-
viction of a Class A misdemeanor is entered for
an offense under subsection (a), the court may
order a period of suspension of the convicted per-
son's driving privileges that is in addition to any
suspension of driving privileges already imposed
upon the person.
9-30-10-17. Operating vehicle after lifetime
suspension [effective January 1,
2015].
(a) A person who:
(1) operates a motor vehicle after the per-
son’s driving privileges are forfeited for life
under section 16 of this chapter, IC 9-4-13-
14 (repealed April 1, 1984), or IC 9-12-3-
