Hardship License s Are Now Called “Specialized Driving Privileges”
January 1, 2015 the Indiana law changed regarding suspended licenses and what were formerly known as “hardship licenses” or “probationary licenses“. The new law (now found at I.C. 9-30-16 et. seq.) allows what are now called “Specialized Driving Privileges” which allow a person to drive for any period of license suspension including suspensions for habitual traffic violator.
Hardship License s, (a.k.a Specialized Driving Privileges) Now Include Almost Everyone
Under the old Hardship License law, only certain individuals could qualify for a Hardship License. Each person had to make a showing to the court an actual and unusual financial or other hardship, and certain criminal and traffic offenses were prohibited altogether from getting a hardship license. The current hardship license law (a.k.a. Specialized Driving Privileges law) includes suspensions for failing to provide financial responsibility (driving without insurance) suspensions, suspensions for operating while intoxicated (“OWI“), as well as some criminal offenses involving accidents or injuries to others. The suspensions can either be issued by a particular court, or suspensions could be administratively issued by the Indiana Bureau of Motor Vehicles. The new hardship license law even includes habitual traffic offenders who may face a five (5) year, ten (10) year, or lifetime suspension of driving privileges in Indiana. The only instance that is excluded from the new hardship license (a.k.a. Specialized Driving Privileges) is when a person refuses a breathalyzer upon the lawful request of a police officer. These are often one (1) year mandatory suspensions, and cannot be served on a hardship license (a.k.a Specialized Driving Privileges).
Hardship License: So–What is the Catch?
Hardship licenses (a.k.a Specialized Driving Privileges) require a petition to the court including detailed personal information. If a hardship license petition does not meet the requirements under the new hardship license law, it will likely be rejected. Hiring an attorney is highly recommended for filing hardship license petitions. Once a hardship license petition is filed, the court may grant your hardship license (specialized driving privileges) for a minimum of six (6) months. The court may grant full driving privileges, or the court may limit driving privileges (i.e. only to/from work, church, child visitation, etc.) depending on your offens(es), needs, and driving history. The court may impose other hardship license conditions such as the ignition interlock device (for repeated OWI offenders) or driving only during certain hours. Please consult an attorney to discuss your options when filing a hardship license petition.
SFT Lawyers Has Experienced Attorneys Eager to Assist You in Getting Your Hardship License
The Lawyers of SFT have filed numerous hardship license (“SDP”) petitions before many courts in Indiana. They have the experience necessary to get you back on the road, and as quickly as possible. CALL TODAY or contact us via our CONTACT US PAGE for a FREE CONSULTATION to get on the road and to get your driving privileges back. (219) 841-5683.
*SFT Lawyers and its licensed Indiana attorneys make no guarantee of eligibility for hardship license or specialized driving privileges and do not guarantee any particular outcome or result. Determinations of eligibility for hardship licenses and/or specialized driving privileges are made on a case-by-case basis by a licensed attorney and are ultimately within the discretion of the court(s) of competent jurisdiction. This article is intended for educational and entertainment purposes only. It is not intended to provide legal advice or to establish an attorney-client relationship.
