25 Feb Indiana 10 Year HTV License Suspension Attorney
10 Year HTV Driver’s License Suspension
Having your driver’s license taken away can be devastating. You need a license to get to work, school, take care of your family and just get groceries. When your privilege to drive is taken away, life can be turned upside down. Chambers Law Office understands how important it is for our clients to have a valid license. If you are suspended on a 10 year HTV license suspension, this blog post will review the laws behind this license suspension and what options may be available to get a valid driver’s license.
10 Year HTV License Suspension Statutes
Indiana has created multiple habitual traffic violator classifications. One common HTV classification is the 10 year HTV suspension.
Under Indiana Code 9-30-10-4(b), a person who has accumulated at least three (3) judgments within a ten (10) year period for any of the following violations, singularly or in combination, and not arising out of the same incident, is a habitual violator:
- Operation of a vehicle while intoxicated
- Reckless driving
- Criminal recklessness as a felony involving the operation of a motor vehicle
- Drag racing or engaging in a speed contest in violation of law
- Leaving the Scene of an Accident
- Resisting law enforcement with a vehicle as a felony
- Any felony under this title or any felony in which the operation of a motor vehicle is an element of the offense
If the Indiana BMV determines that a person has committed at least three of the above offenses within a ten year period, the BMV is required to notify the person that their driving privileges will be suspended for 10 years. See IC 9-30-10-4.
Challenging a 10 Year HTV License Suspension
If you receive a notice of a 10 year HTV license suspension from the Indiana BMV, you have a brief window to challenge that decision. If you believe the record is incorrect and that you are not HTV, you can request a hearing to review that determination.
If some time has passed and you have missed the review period, you may still have an opportunity to have the record reviewed. If your lawyer finds that one or more of the records are wrong or that you do not have the necessary convictions for a 10 year HTV license suspension, your attorney can file a challenge with the BMV to have the status reviewed.
Finally, your lawyer may discuss what is called a Post-Conviction Review. This is a challenge to one of the underlying convictions that made you HTV. If one of the convictions can be successfully challenged and removed from you record, then the HTV determination can be challenged, as well. However, this process is not fast and can take months, if not longer. It is important to work closely with your attorney to help move the process along as quickly as possible.
Hardship License While 10 Year HTV
If you have been determined to be 10 year HTV, you may qualify for a hardship license, now called Specialized Driving Privileges. This type of license grants you permission to drive under specific circumstances while your suspension is pending. If granted, the court orders the BMV to stay (or stop) your 10 year suspension and reinstate your driver’s license as a Conditional License. The court then issues an order that states when and where you can drive, typically including work, school, religious services, medical and legal appointments, and family responsibilities.
If you are only suspended for a 10 year HTV license suspension, in order to apply for Specialized Driving Privileges you must file a petition in your county of residence. The court will review the petition and can issue an order as lenient or as strict as it deems appropriate. If you have any other license suspensions aside from the 10 year HTV suspension, then you may need to resolve those suspensions before filing, or you may even have to file more than one petition in different counties. The hardship license statutes can be complicated, so it is important to work with an experienced attorney to avoid wasting time and money. However, once granted, the hardship license can be a lifeline to obtaining employment and getting your freedom back.
You can find more information about Specialized Driving Privileges HERE and HERE and you can find more information about Habitual Traffic Violator laws HERE.
Indiana HTV License Suspension Attorney
As a former traffic court deputy prosecutor, Julie Chambers focuses a majority of her practice on criminal defense and driver’s license suspensions, including helping clients with 10 year HTV license suspensions and applying for a hardship license. Chambers Law Office represents clients throughout central Indiana, including Marion, Hamilton, Hancock, Johnson and Hendricks counties. If you have questions about a 10 year HTV license suspension or applying for specialized driving privileges, contact Chambers Law Office today at 317-450-2971.
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