01 Jan 5 Year HTV – What it Means & How to Get Back on the Road
5 Year HTV Suspensions (Habitual Traffic Violator Suspension)
Losing your driver’s license for even a short period of time can be devastating. Everyone needs a car to get to work, the grocery store, and drive the kids to and from their activities. Indiana has some of the harshest license penalties in the country, including the Habitual Traffic Violator laws.
In Indiana, if you are found to be a Habitual Traffic Violator, the BMV can suspend your license for five or ten years, depending on your driving record. This post will discuss how a person can become suspended as a 5 year HTV(habitual traffic violator) what options they have to get back on the road legally.
Indiana Habitual Traffic Violator Laws
Under Indiana law, if a person is convicted of one major traffic violation and nine minor traffic violations in a ten year period, the person will be labeled a Habitual Traffic Violator and their license will be suspended for five years. For purposes of determining the ten year period, the BMV uses the offense date instead of the conviction date.
Once a person is convicted of the final judgment, the BMV will mail a notice to the last known address informing the person that their license is to be suspended for 5 years.
Appealing a 5 Year HTV Suspension
Anyone who has ever dealt with the Indiana BMV knows that the agency makes mistakes. In some cases, a judgment may be placed on a driving record with the wrong offense date, or maybe on the wrong person’s driving record. In these cases, it is important to file a request for review with the BMV to have these errors corrected. In some cases, these mistakes can cause a person’s license to be suspended in error and an HTV suspension can be reversed. An experienced attorney can help you review the HTV records and determine if there are any errors in the BMV records.
Criminal Charges for Driving While Suspended as a Habitual Traffic Violator
If you are determined to be suspended as a habitual traffic violator, it is important that you not drive until you have a valid license. If you are stopped and charged with driving while HTV, you can be charged with a Level 6 Felony. In some cases, this charge can be enhanced to a Level 5 Felony and can carry additional license suspensions. If you are charged with Operating HTV as a felony, it is important to get an attorney as quickly as you can, as that lawyer can help minimize the consequences and in some cases, get you valid while resolving the criminal case. See HTV Charges for more information.
Specialized Driving Privileges While 5 Year HTV
If you are suspended as a habitual traffic violator for 5 years, that does not mean you will not be able to drive for 5 years. If you cannot appeal the suspension, you may qualify for Specialized Driving Privileges (SDP). These driving privileges put a stay on the suspension and allow you to drive to and from work, school, childrens’ activities and anywhere else the court permits. These orders can last for up to 2 1/2 years, so you may need to request an extension to cover the whole 5 year suspension period. While an SDP order isn’t a full license, it does permit you to drive to necessary locations so you can keep working and care for your family. See SDP for more information.
Indianapolis 5 Year HTV Suspension Lawyer
Julie Chambers established Chambers Law Office in 2012 after spending five years as a deputy prosecutor in Indianapolis. She represents clients dealing with 5 year HTV suspensions throughout central Indiana. Along with criminal defense work, Julie Chambers helps clients file for Specialized Driving Privileges and appeal BMV suspensions. If you are facing a 5 year HTV suspension or would like to apply for Specialized Driving Privileges, contact Chambers Law Office today at 317-450-2971.