Sec. 6.5. (a) If the defendant requests, a court may find by a preponderance of the evidence that the person is a habitual traffic violator under IC 9-30-10-4. If the court finds a person to be a habitual traffic violator under this section, the court:

(1) shall order:

Terms Used In Indiana Code 9-30-10-6.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • judgment: means :

    Indiana Code 9-30-10-1

  • license: includes any type of license or permit issued by the bureau to operate the type of vehicle being driven. See Indiana Code 9-30-10-2
  • violation: means :

    Indiana Code 9-30-10-3

(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.

     (b) A defendant may file a petition in an independent proceeding to be found a habitual traffic violator following the procedure in subsection (a).

     (c) A petition filed under this section must be filed in the court that entered the latest moving violation judgment against the person. The petition must use the same cause number as in the action in which the moving violation judgment was entered.

     (d) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this section.

     (e) A filing fee shall not be imposed for a petition filed under this section.

As added by P.L.217-2014, SEC.135. Amended by P.L.188-2015, SEC.115.

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